Frank Grande

The appellant was denied income replacement benefits after her insurer discovered she misrepresented her address to obtain a lower premium.

The insurer subsequently charged her a retroactive premium increase.

The Licence Appeal Tribunal upheld the denial and refused to apply section 131 of the Insurance Act, which excuses non-compliance based on an insurer's conduct, finding it lacked equitable jurisdiction.

On appeal, the Divisional Court held the LAT erred in law by conflating equitable remedies with statutory relief under section 131, which the LAT has jurisdiction to apply.

The appeal was allowed and the matter remitted for a new hearing.

The plaintiff's slip and fall action was dismissed against the remaining defendants (Marriott entities) after the Workplace Safety and Insurance Appeals Tribunal (WSIAT) determined it had exclusive jurisdiction, barring the civil claim.

This decision concerns the costs of the action and the defendants' motion to dismiss.

The court found both counsel responsible for the unnecessary motion due to poor communication and unreasonable cost claims, particularly the defendants' inclusion of WSIAT costs which are not recoverable.

The court fixed the costs of the action for the remaining defendants at $2,500 all-inclusive and awarded no costs for the motion itself, emphasizing the waste of court resources and unrecoverable legal fees caused by counsel's failure to communicate meaningfully.

The plaintiff, a former nursing student, sued the defendants (individual employees and two educational institutions) for various torts after being wrongfully accused of academic fraud.

The defendants brought a motion to strike portions of the amended statement of claim.

The court struck the claims for personal liability against individual defendants, breach of fiduciary duty, and defamation, but granted leave to the plaintiff to amend the claim within 45 days.

The court found that the plaintiff failed to plead sufficient particulars for personal liability of employees, failed to establish the elements for a fiduciary duty, and did not plead that the defamatory words were spoken or written by the university defendants.

Costs were agreed upon by the parties.

The plaintiff, a former nursing student, sued the defendants for damages after they falsely accused her of academic fraud.

The defendants brought a motion to strike the statement of claim on the basis that it disclosed no reasonable cause of action, related to an academic matter, and was an abuse of process.

The court found that while the university has broad discretion in academic matters, this does not extend to the negligent performance of an internal investigation or intentional torts.

The court struck the claims for negligence, breach of fiduciary duty, defamation, bad faith, and breach of privacy due to pleading deficiencies, but granted the plaintiff leave to amend the statement of claim.