Elisa A. Scali

Following a summary judgment motion with divided success between the plaintiff and Sun Life, the court issued a costs endorsement.

The court awarded costs to CHEO on a partial indemnity basis in the amount of $20,000 plus HST and disbursements, finding the hours claimed to be excessive.

No costs were awarded between the plaintiff and Sun Life as both parties failed on their respective summary judgment motions.

The plaintiff sued her former employer and long-term disability insurer, alleging they negligently misrepresented her options and wrongfully induced her to resign rather than continue her disability benefits.

The employer and insurer both brought motions for summary judgment to dismiss the claims.

The court granted the employer's motion, finding that the essential character of the dispute concerned the plaintiff's resignation and termination of employment, which fell within the exclusive jurisdiction of the collective agreement's arbitration provisions.

However, the court dismissed the insurer's motion for summary judgment, concluding that there was a genuine issue for trial regarding whether the insurer improperly maintained a singular focus on returning the plaintiff to a workplace environment that caused her disability.

The complainant requested an extension of time to schedule a teleconference in order to retain legal counsel, supported by a medical note from a psychologist.

The Commission consented to a three-month adjournment, while the respondents agreed to one month.

The Tribunal granted a three-month adjournment, directing the complainant to retain counsel and scheduling the teleconference for the second week of December, with no further adjournments to be granted.

The insured died from an amniotic fluid embolism during childbirth.

Her husband claimed the accidental death benefit under her life insurance policy.

The insurer denied the claim, arguing the death was not an accident and was excluded as a physical illness.

The motions judge found the death was an accident and not an illness.

The Court of Appeal allowed the insurer's appeal, holding that the expectation test for accidental death does not apply to deaths from natural causes, and that an amniotic fluid embolism is a physical illness within the policy's exclusion clause.

The appellant challenged a power of sale transfer of farm property on the basis that the mortgagee had failed to comply with the notice regime and stay provisions under the Farm Debt Review Act.

The court held that even assuming a later notice of sale served during the statutory stay was a nullity, an earlier amended notice of sale was not void merely because the creditor had not first given compliant notice under s. 22.

Applying prior authority, the court found the defect was a continuing breach and not fatal where the farmer became aware of the statutory protections, obtained the full stays available, and suffered no prejudice.

The court further held that a valid basis for the exercise of the power of sale could sustain the transfer even though the registered documents referred to a defective notice.

The appeal was dismissed with costs.