The respondent insurance company requested a summary hearing to dismiss the applicant's human rights application, which alleged discrimination in services and contracts based on disability.
The applicant's driver's licence had been suspended for over 36 months due to a medical condition, resulting in her classification as a novice driver upon reinstatement and subjecting her to higher insurance premiums.
The respondent argued its rating rule was protected under section 22 of the Human Rights Code as a reasonable and bona fide insurance practice.
The Tribunal dismissed the request for summary dismissal, finding that whether the rating rule's failure to distinguish between rank novices and experienced drivers was reasonable required a factual inquiry, meaning the application had a reasonable prospect of success.
