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.
