The appellants appealed a decision allowing the respondent to pursue claims for disability benefits under insurance contracts.
In a prior tort action regarding a motor vehicle accident, the respondent's damages for lost income were reduced for failure to mitigate.
The appellants argued the present actions were barred by issue estoppel or abuse of process.
The Supreme Court of Canada dismissed the appeals, holding that the prior tort action involved a factual finding on ability to work for assessing damages, whereas the present cases involved the legal interpretation of disability under the insurance policies and the Insurance Act.
