Eric James Schjerning

The court heard two separate motions for adjournment of a four-week trial.

Desjardins Financial Security Investments Inc. sought an adjournment to bring a summary judgment motion against the plaintiffs, arguing that an MFDA finding of misconduct against plaintiff Popovich provided just cause for termination.

The Woodall defendants sought an adjournment to pursue leave to appeal a decision by Carey J. that dismissed their motion to strike or stay the plaintiffs' claim due to unpaid costs orders.

The court denied Desjardins' motion, finding that they had delayed in bringing the summary judgment motion and that it would not fully dispose of the claim.

However, the court granted the Woodall defendants' motion, adjourning the trial, to allow their appeal process to conclude, citing the risk of conflicting outcomes and wasted judicial resources if the trial proceeded while a potentially dispositive appeal was pending.

The plaintiff sued his disability insurer for unpaid benefits under a policy that provided two years of benefits for inability to perform his own occupation and thereafter benefits if unable to work at any occupation reasonably suited by education, training, or experience.

The insurer terminated benefits after surveillance suggested the plaintiff could perform light work and argued he could pursue supervisory or alternative occupations.

The court found that the plaintiff’s physical injuries, chronic pain, limited education, and cognitive limitations rendered him incapable of performing any suitable alternative occupation.

Surveillance showing brief periods of activity did not establish an ability to work competitively or continuously.

The insurer’s denial of benefits and adversarial claims handling constituted bad faith, warranting aggravated and punitive damages.