3 total
Life insurance policy vitiated by applicant's fraudulent failure to disclose criminal past and terrorist affiliation.
The respondent's husband applied for life insurance without disclosing his criminal past, membership in a terrorist entity, and illegal entry into Canada.
After his death, the respondent claimed the $75,000 death benefit.
The motion judge granted summary judgment for the respondent, finding the undisclosed facts were not material because the application did not ask about them.
The Court of Appeal allowed the insurer's appeal, holding that the deceased had an independent obligation to disclose material facts and that his intentional withholding of this information constituted fraud, vitiating the policy.
Taxi-driver assault qualified as an accident under the SABS.
The appeal concerned whether an assault on a taxi driver following a fare dispute qualified as an accident under s. 1 of the Statutory Accident Benefits Schedule.
Applying the purpose test and causation test from Amos, as confirmed in Ontario appellate authority, the court held that the assault was the end product of the commercial relationship created by the taxi ride and that an unbroken line of causation connected the ride to the injuries.
The court agreed that the injuries were caused, at least indirectly, by the use and operation of the taxicab.
The appeal was dismissed with costs.
Passenger assault after taxi fare dispute qualified as an accident under the SABS.
The appeal concerned whether an assault on a taxi driver by passengers following a fare dispute constituted an "accident" under s. 1 of the Statutory Accident Benefits Schedule.
Applying the Amos purpose and causation test, as confirmed for the SABS context by prior appellate authority, the court held that the assault was the end product of the commercial relationship created by the taxi ride and that an unbroken chain of causation linked the use and operation of the taxi to the injuries.
The motions judge's factual findings were upheld.
