Calabrese v. Hub Financial Inc.
The trial judge's factual findings that the second policy was a new policy (supported by materially different terms and the insurer's return of the full premium), that the appellant was not legally responsible for creating the second policy, and that there was no evidence of bad faith are dispositive and will not be...
Source-derived case information.
- Citation
- C42098
- Parties
- Appellant: George Calabrese; Respondent: Hub Financial Inc.; Respondent: AIG Life Insurance Company of Canada
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 17 November 2005
- Procedural Posture
- Civil Appeal / Court of Appeal Judgment on Appeal From Superior Court of Justice
- Outcome
- Appeal dismissed
- Legal Topics
- Insurance Policy, Replacement Policy, Annuity, Bad Faith, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Calabrese
Appellant
Hub Financial Inc.
Respondent
AIG Life Insurance Company of Canada
Respondent
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From Superior Court of Justice
Legal Issues
- 1 Whether the second insurance policy was a replacement policy or a new policy
- 2 Whether the appellant was responsible for creation of the second policy
- 3 Whether respondents acted in bad faith
Ratio Decidendi
The trial judge's factual findings that the second policy was a new policy (supported by materially different terms and the insurer's return of the full premium), that the appellant was not legally responsible for creating the second policy, and that there was no evidence of bad faith are dispositive and will not be disturbed on appeal; accordingly the appeal is dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs to the respondents in the amount of $5,000 each, inclusive of GST and disbursements
Full Case Text
Judgment text and source record
1 paragraphs
Calabrese v. Hub Financial Inc. Collection Decisions of the Court of Appeal Date 2005-11-17 Docket numbers C42098 Judges Doherty, David H.; Cronk, Eleanore Ann; MacFarland, Jean Louise Subject Civil Decision Content DATE: 20051117 DOCKET: C42098 COURT OF APPEAL FOR ONTARIO RE: GEORGE CALABRESE (Plaintiff/Appellant) v. HUB FINANCIAL INC. AND AIG LIFE INSURANCE COMPANY OF CANADA (Defendants/Respondents) BEFORE: DOHERTY, CRONK and MACFARLAND JJ.A. COUNSEL: Bernie Romano for the appellant N. Holovaci for the respondent, AIG Life Insurance Company of Canada S.R. Mackay for the respondent, Hub Financial Inc. HEARD & ENDORSED: November 15, 2005 On appeal from the order of Justice S.G. Himel of the Superior Court of Justice dated May 18, 2004. APPEAL BOOK ENDORSEMENT [1] The findings of fact are dispositive. The trial judge found that the second policy was a new policy and not a replacement policy. The difference in the terms of the two policies justified her finding, particularly the inclusion of an annuity contract associated with the second policy. The finding is also supported by the fact that when the insurer cancelled the policy it returned the full premium not just the cash surrender value. [2] The trial judge also found that the appellant was not responsible for the creation of the second policy. She noted that the second policy had its roots in the application for insurance prepared by the appellant and that he received 25 percent of his commission in recognition of his role. Although not legally entitled to this amount, we agree with the trial judge that this was a realistic compromise. [3] We see no reason to interfere with the finding that the appellant did not demonstrate bad faith on the part of either respondent. [4] The appeal is dismissed. [5] Costs to the respondents in the amount of $5,000 each, inclusive of GST and disbursements.