Keddy v. Blue Cross Life Insurance Company of Canada
The appeal was dismissed because the application judge correctly applied the summary judgment test, found no disputed facts, and on the undisputed facts concluded the appellant was not disabled under the policy and therefore not entitled to long term disability benefits.
Source-derived case information.
- Citation
- 2012 NSCA 103
- Parties
- Appellant: Shaun Keddy; Respondent: Blue Cross Life Insurance Company of Canada
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 24 September 2012
- Procedural Posture
- Appeal / Decision on Appeal (oral Reasons) Appeal Dismissed
- Outcome
- Appeal dismissed
- Legal Topics
- Long Term Disability Benefits, Summary Judgment, Policy Interpretation, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Shaun Keddy
Appellant
Blue Cross Life Insurance Company of Canada
Respondent
Procedural Posture
Appeal / Decision on Appeal (oral Reasons) Appeal Dismissed
Legal Issues
- 1 Whether summary judgment was appropriate
- 2 Whether the appellant was 'disabled' within the meaning of the policy
- 3 Whether the application judge made a legal or principled error requiring intervention
Ratio Decidendi
The appeal was dismissed because the application judge correctly applied the summary judgment test, found no disputed facts, and on the undisputed facts concluded the appellant was not disabled under the policy and therefore not entitled to long term disability benefits.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs awarded to respondent in the amount of $800 inclusive of disbursements, payable by the appellant
Full Case Text
Judgment text and source record
1 paragraphs
Keddy v. Blue Cross Life Insurance Company of Canada Court Court of Appeal Date 2012-09-24 Citation 2012 NSCA 103 Docket CA 388764 Judge/Registrar/Adjudicator MacDonald, J. Michael (Honourable Chief Justice) (CA); Saunders, Jamie W. S. (Honourable Justice) (CA); Farrar, David P.S. (Honourable Justice) (CA) Document Type Decision Decision Content NOVA SCOTIA COURT OF APPEAL Citation: Keddy v. Blue Cross Life Insurance Company of Canada, 2012 NSCA 103 Date: 20120924 Docket: CA 388764 Registry: Halifax Between: Shaun Keddy Appellant v. Blue Cross Life Insurance Company of Canada Respondent Judges: MacDonald, C.J.N.S.; Saunders and Farrar, JJ.A. Appeal Heard: September 24, 2012, in Halifax, Nova Scotia Written Release: September 26, 2012 Held: Appeal dismissed per oral reasons for judgment of Farrar, J.A.; MacDonald, C.J.N.S. and Saunders, J.A. concurring. Counsel: Colin D. Bryson, Q.C., for the appellant Ian R. Dunbar and Charles J. Ford, for the respondent Reasons for Judgment: (Orally) [1] We would dismiss the appeal essentially for the reasons of the application judge, Nova Scotia Supreme Court Justice Michael J. Wood. Wood, J. properly stated the test for summary judgment. Having found that there were no disputed facts he applied the undisputed facts to the wording of the policy to determine if the appellant’s claim had a real chance of success. He found that it did not. He concluded Mr. Keddy was not disabled within the meaning of the policy and was, therefore, ineligible for long term disability benefits. [2] Having carefully reviewed the reasons of the application judge we see no patent injustice or error in principle. [3] At the conclusion of the appeal hearing, after hearing from counsel on the issue of costs, we reserved our decision. I would award costs, payable by the appellant to the respondent, in the amount of $800 inclusive of disbursements. Farrar, J.A. Concurred in: MacDonald, C.J.N.S. Saunders, J.A.