Rousseau v. Scotia Bank

Rousseau v. Scotia Bank

The motion judge's factual finding that the appellant would not have purchased disability insurance even if offered was supported by the evidence (appellant declined offered health crisis protection, had no prior disability insurance, and there was no evidence of intent to obtain it), which was dispositive and justified dismissal of the claim and affirmance of summary judgment.

Citation
2012 ONCA 279
Parties
Plaintiff/appellant: Richard Rousseau; Defendant/respondent: Scotia Bank (Bank of Nova Scotia)
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
1 May 2012
Procedural Posture
Collection / Appeal (summary Judgment)
Outcome
Appeal dismissed; summary judgment upheld.
Legal Topics
Summary Judgment, Mortgage Disability Insurance, Credibility Findings, Costs
Source Language
English
Civil Insurance Banking Contract Summary Judgment Mortgage Disability Insurance Credibility Findings Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Richard Rousseau

Plaintiff/appellant

Scotia Bank (Bank of Nova Scotia)

Defendant/respondent

Procedural Posture

Collection / Appeal (summary Judgment)

Legal Issues

  1. 1 Whether the appellant would have purchased disability insurance if it had been offered
  2. 2 Whether the motion judge's adverse credibility finding was open on the record and fatal to the claim
  3. 3 Whether summary judgment was properly granted

Ratio Decidendi

The motion judge's factual finding that the appellant would not have purchased disability insurance even if offered was supported by the evidence (appellant declined offered health crisis protection, had no prior disability insurance, and there was no evidence of intent to obtain it), which was dispositive and justified dismissal of the claim and affirmance of summary judgment.

Court Disposition

Appeal dismissed; summary judgment upheld.

Orders

  • Appeal dismissed.
  • Respondent awarded costs of the appeal in the amount of $5,000 inclusive of disbursements and HST.