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The court ordered disclosure of a Nissan settlement amount and related documents to support deferred damages issues, while keeping the amount confidential from the public.
The court enforced a separation agreement requiring health benefits to continue, rejected contempt and damage claims, and awarded $537.54 for a Pandora bracelet.
The constitutional attack on s.130(1)(a) is rejected because the military nexus test can be read into the provision and it was satisfied; the challenge to s.117(f) is moot; on the merits the appellant was not entitled to Separation Expense because his children were not normally resident with him and he had no home from which he was absent; repeated false allowance claims established the actus reus and mens rea for fraud and for making false statements; appeal dismissed and convictions upheld.
Source excerpt
Majority held the motion judge did not err in refusing relief under s.129: the judge properly exercised discretion after weighing claimant conduct, absence of substantial demonstrated hardship, and prejudice to insurer from lost investigative and treatment opportunities; s.59(4) does not automatically displace s.129 but the discretionary refusal to relieve from forfeiture was within the motion judge's permissible exercise of discretion and should not be disturbed on appeal.
Source excerpt
The Supreme Court of Canada held that s. 52 requires invalidity for the underinclusive benefit, while s. 24(1) did not authorize extending benefits by order.
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