The appellant insurer appealed the trial judge's decisions regarding misrepresentation, waiver, quantum of damages, and an award of solicitor and client costs.
The Court of Appeal upheld the trial judge's finding that the insurer waived its rights under s. 17(3) of the Statutory Accident Benefits Schedule by validating the contract and continuing to accept premiums after becoming aware of alleged misrepresentations.
The appeal on liability and quantum was dismissed.
However, the Court allowed the appeal on costs, reducing the trial costs to a party and party basis, as the insurer was entitled to put the plaintiff to proof of her claim given the misrepresentations.
