Nava v. Aetna Life Insurance Company of Canada
The appeal was dismissed because the trial judge's credibility-based findings, grounded in the surveillance evidence and findings of nondisclosure, were supported by the evidence and did not constitute a palpable and overriding error warranting appellate intervention.
Source-derived case information.
- Citation
- C41377
- Parties
- Appellant: Constantino Nava; Respondent: Aetna Life Insurance Company of Canada
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 15 November 2005
- Procedural Posture
- Civil / Appeal From Superior Court of Justice (order Dated January 14, 2004)
- Outcome
- Appeal dismissed
- Legal Topics
- Credibility Findings, Surveillance Evidence, Non Disclosure to Physicians and Benefits Authorities, Standard of Review on Appeal, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Constantino Nava
Appellant
Aetna Life Insurance Company of Canada
Respondent
Procedural Posture
Civil / Appeal From Superior Court of Justice (order Dated January 14, 2004)
Legal Issues
- 1 Whether the trial judge erred in his credibility findings
- 2 Whether surveillance video and alleged nondisclosure justified finding against the plaintiff
- 3 Whether there was a palpable and overriding error that would permit appellate intervention
Ratio Decidendi
The appeal was dismissed because the trial judge's credibility-based findings, grounded in the surveillance evidence and findings of nondisclosure, were supported by the evidence and did not constitute a palpable and overriding error warranting appellate intervention.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs fixed at $4,500.00 inclusive of disbursements and Goods and Services Tax
Full Case Text
Judgment text and source record
1 paragraphs
Nava v. Aetna Life Insurance Company of Canada Collection Decisions of the Court of Appeal Date 2005-11-15 Docket numbers C41377 Judges Labrosse, Jean-Marc; Rosenberg, Marc; Gillese, Eileen E. Subject Civil Decision Content DATE: 20051115 DOCKET: C41377 COURT OF APPEAL FOR ONTARIO RE: CONSTANTINO NAVA (Plaintiff (Appellant)) – and – AETNA LIFE INSURANCE COMPANY OF CANADA (Defendant (Respondent)) BEFORE: LABROSSE, ROSENBERG and GILLESE JJ.A. COUNSEL: Derek Collins for the appellant Gordon Jermane for the respondent HEARD & ENDORSED: November 15, 2005 On appeal from the Order of Justice Barry H. Matheson of the Superior Court of Justice dated January 14, 2004. APPEAL BOOK ENDORSEMENT [1] The trial judge made a detailed review of the evidence. His conclusion is cryptic. Clearly, the surveillance video had a profound effect on the trial judge. In addition, the trial judge found that Mr. Nava failed to disclose relevant information to his doctors and on his CPP application. [2] His decision, which is based on the credibility of the witnesses, is supported by the evidence. [3] We are unable to conclude that the trial judge made some palpable and overriding error that would permit this court to interfere. [4] The appeal is dismissed with costs fixed at $4,500.00 inclusive of disbursements and Goods and Services Tax.