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Human rights application deferred pending conclusion of parallel wrongful dismissal civil action.
The applicant filed a human rights application alleging disability discrimination regarding his termination, after having already commenced a civil action for wrongful dismissal in the Superior Court.
The Tribunal considered whether to defer the application pending the conclusion of the civil proceeding.
Finding that the claims overlapped and the civil proceeding was at a more advanced stage, the Tribunal ordered the deferral of the application to avoid duplication of evidence and inconsistent findings.
Disability insurance coverage began at mortgage execution, not loan offer acceptance.
The plaintiff brought a motion for summary judgment seeking a declaration that the insurer wrongfully denied disability benefits under a mortgage insurance policy.
The central issue was whether the insurance coverage commenced when the borrower signed the loan offer or only when the mortgage was executed and the loan advanced.
Applying principles of contractual interpretation and reviewing the entire contractual scheme, the court held that coverage began on the later date when the mortgage was executed and the loan advanced.
Because the plaintiff became disabled before that date, she was not entitled to disability benefits under the policy.
The motion for summary judgment was dismissed.
