The defendant, Sun Life, brought a motion for summary judgment in a class proceeding regarding the calculation of annual indexing increases on long-term disability benefits.
The plaintiff argued for a reverse summary judgment.
The court found that the interpretation of the policy and the correct methodology to calculate the annual indexing of benefits where 'other income' is deducted raised a genuine issue requiring a trial.
The court dismissed both the defendant's motion for summary judgment and the plaintiff's request for a reverse summary judgment.
