Ellen MacDonald

The plaintiff was injured in a motor vehicle accident while driving with an expired driver's licence.

The insurer terminated his Income Replacement Benefits and Loss of Earning Capacity Benefits.

The plaintiff sued, relying on relief from forfeiture under s. 129 of the Insurance Act.

The motion judge dismissed the insurer's summary judgment motion.

On appeal, the Divisional Court set aside the motion judge's decision, holding that relief from forfeiture under s. 129 of the Insurance Act or s. 98 of the Courts of Justice Act is not available where an overriding statutory provision precludes coverage.

The action for those benefits was dismissed.

The appellant appealed an order reducing his child support arrears and imputing an income of $39,000 to him.

He argued that his actual income as a bingo caller was much lower than his previous income as a meat cutter, and that the motions judge erred in imputing the higher amount.

The Divisional Court dismissed the appeal, finding that the affidavit evidence provided an ample basis for the motions judge's finding of underemployment and the imputed income amount.