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.
