Black v. The Dominion of Canada General Insurance Co.

Black v. The Dominion of Canada General Insurance Co.

The motion judge correctly confined the determination to whether the insurer complied with s.64(14); the record did not support the appellant's new argument about disability status and it cannot be raised for the first time on appeal; compound interest under s.68 is recoverable pursuant to governing authorities (Mascitti and Attavar); accordingly the appeal is dismissed and costs awarded.

Citation
2007 ONCA 719
Parties
Plaintiff (respondent): Maureen Black; Defendant (appellant): The Dominion of Canada General Insurance Company
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
22 October 2007
Procedural Posture
Civil Appeal (insurance Benefits) / Appeal From Summary Judgment Motion
Outcome
Appeal dismissed.
Legal Topics
Summary Judgment, Benefit Termination, Statutory Accident Benefits, Compound Interest, Appellate Procedure
Source Language
English
Civil Insurance Administrative Law Summary Judgment Benefit Termination Statutory Accident Benefits Compound Interest Appellate Procedure

Case Brief

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Parties

Maureen Black

Plaintiff (respondent)

The Dominion of Canada General Insurance Company

Defendant (appellant)

Procedural Posture

Civil Appeal (insurance Benefits) / Appeal From Summary Judgment Motion

Legal Issues

  1. 1 Whether the defendant complied with s.64(14) of the Schedule to permit termination of the plaintiff's benefits
  2. 2 Whether the appellant may raise the respondent's disability status prior to rescission for the first time on appeal
  3. 3 Whether compound interest under s.68 of the Schedule is payable and applicable precedents control

Ratio Decidendi

The motion judge correctly confined the determination to whether the insurer complied with s.64(14); the record did not support the appellant's new argument about disability status and it cannot be raised for the first time on appeal; compound interest under s.68 is recoverable pursuant to governing authorities (Mascitti and Attavar); accordingly the appeal is dismissed and costs awarded.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed; costs to the respondent fixed at $24,591.25 inclusive of G.S.T. and disbursements.