At the end of the day after some interesting analysis of the test for civil fraud, the test for fresh evidence, s.184(2) of the Insurance Act, and the various standards of appeal, the Court of Appeal held that the Application Judge did not err when she found that the Insured did not meet the intent […]
Category: Case Law
Relief from Forfeiture in LTD – Smith v. Sun Life and Wiles v. Sun Life
Smith v. Sun Life 2021 ONSC 7109 (CanLII) The Ontario Court granted the Plaintiff relief from forfeiture for failing to submit a formal Long Term Disability (LTD) application and dismissed Sun Life’s motion for summary judgment to dismiss the Plaintiff’s claim. Key Facts and timing in Smith The Plaintiff was approved for Short Term […]
Are mediations always confidential?
Union Carbide Canada Inc. v. Bombardier The Supreme Court of Canada found that a confidentiality clause in a private mediation can override the exception to the common law settlement privilege that enables parties to produce evidence of confidential communications in order to prove the existence or the scope of a settlement. The court explained […]
Koski v Terago Networks Inc.
Koski v Terago Networks Inc. 2021 BCSC 117 – Wrongful dismissal Koski was dismissed without cause and without notice after 13 years of employment. Although he had an employment contract, it did not include a termination clause. The Supreme Court of British Columbia found that Koski was entitled to the bonus he would have received during his […]
Foster v Aviva General Insurance
CERB not akin to EI and not deductible from IRB In the recent Licence Appeal Tribunal (“LAT”) reconsideration decision of Foster v Aviva, 2021 ONLAT 19-014657/AABS adjudicator Vice Chair Boyce granted the applicant’s request for reconsideration. In the initial decision, adjudicator Ferguson suggested that the applicant’s receipt of the Canada Emergency Response Benefit (“CERB”) and Canada […]