The appellant was injured in a motor vehicle accident while driving with an expired license.
The respondent insurer denied income replacement benefits under the Statutory Accident Benefits Schedule.
The Divisional Court granted summary judgment to the insurer, holding that relief from forfeiture under s. 129 of the Insurance Act is not available for pre-loss conduct.
The Court of Appeal upheld the finding that s. 129 does not apply to the failure to maintain a valid license, as it is not an act or omission 'with respect to the loss'.
However, the Court of Appeal allowed the appeal in part, finding the Divisional Court erred in dismissing the entire action because the appeal before it was restricted solely to the s. 129 issue, depriving the appellant of the opportunity to advance other arguments.
