Zicherman v. Equitable Life Insurance Company of Canada

Zicherman v. Equitable Life Insurance Company of Canada

Certification was refused and appeal dismissed because the claims depend on individualized issues of agent conduct, reliance and causation so there is no common issue sufficient for certification and a class proceeding is not the preferable procedure; there was also insufficient evidentiary basis to identify a class beyond the representative plaintiff.

Citation
C37857
Parties
Plaintiff (appellant): George Zicherman; Defendant (respondent): The Equitable Life Insurance Company of Canada
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
8 April 2003
Procedural Posture
Civil Class Proceedings Certification Under Class Proceedings Act, 1992 / Appeal From Divisional Court to Court of Appeal
Outcome
Appeal dismissed.
Legal Topics
Class Certification, Negligent Misrepresentation, Premium Offset (vanishing Premium), Common Issues, Preferable Procedure
Source Language
English
Civil Class Actions Insurance Law Tort (negligent Misrepresentation) Class Certification Negligent Misrepresentation Premium Offset (vanishing Premium) Common Issues +1 more

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Parties

George Zicherman

Plaintiff (appellant)

The Equitable Life Insurance Company of Canada

Defendant (respondent)

Procedural Posture

Civil Class Proceedings Certification Under Class Proceedings Act, 1992 / Appeal From Divisional Court to Court of Appeal

Legal Issues

  1. 1 Whether the action raises common issues under s.5 of the Class Proceedings Act, 1992
  2. 2 Whether a class proceeding is the preferable procedure
  3. 3 Whether there is an identifiable class of two or more persons

Ratio Decidendi

Certification was refused and appeal dismissed because the claims depend on individualized issues of agent conduct, reliance and causation so there is no common issue sufficient for certification and a class proceeding is not the preferable procedure; there was also insufficient evidentiary basis to identify a class beyond the representative plaintiff.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed.
  • Respondent to provide the Senior Legal Officer with submissions on costs and its bill of costs within ten days of release of reasons.