Mila Robin

The appellant insurer appealed a judgment based on a jury verdict granting the respondent insured's claim for coverage under an automobile insurance policy.

The insurer argued there was no evidence to support the jury's finding that the insured satisfied her obligation to notify the insurer of a material change in risk when her son obtained his G2 licence.

The Court of Appeal dismissed the appeal, finding it was open to the jury to conclude that a reasonable person in the insured's circumstances would not have known the insurer would regard the licence change as a material change requiring notification to maintain coverage.

The court also rejected the insurer's argument that the trial judge unduly intervened in the examination-in-chief of a witness.

The appellants challenged the province's policy of seeking compensation for fire services fees from individuals involved in motor vehicle accidents, arguing it violated section 7 of the Charter by potentially deterring people from calling for essential services.

The Court of Appeal upheld the application judge's finding that there was no evidence to support this assertion.

The Court also affirmed that section 7 does not protect purely economic interests and that the province's process of establishing liability through the courts accords with fundamental justice.