Does Wawanesa have to establish that the insured knew the change in risk was material?

Wawanesa also relies upon Davidson v. Wawanesa Insurance Company, 2015 BCSC 1383, to argue statutory condition 4 does not require an insurer to establish the insured knew the change in risk was material. In Davidson, arson caused a fire that destroyed the plaintiff’s house, the day after police “raided” it and found a marijuana grow operation, stolen property and illegal firearms. The plaintiff had obtained home insurance a few years earlier and then renewed the policy every year. He was not living there at the time of the fire and said he had no knowledge of the illegal activities.