The defendant insurer sought leave to appeal a motion judge's refusal to strike the plaintiff's jury notice in an action for life insurance proceeds.
The insurer argued the claim was for declaratory relief, which must be tried without a jury under s. 108(2) of the Courts of Justice Act.
The court dismissed the motion for leave to appeal, finding no good reason to doubt the motion judge's conclusion that the pith and substance of the claim was a factual dispute regarding the deceased's insurability, rather than a claim for declaratory relief.
