Court of Appeal for Ontario

Citation: Lacoste v. Clarica Life Insurance, 2012 ONCA 126

Date: 2012-02-23

Docket: C52011

Before: Sharpe, Blair and Juriansz JJ.A.

Between:

Nicole Lacoste

Plaintiff (Appellant)

and

Clarica Life Insurance Company and The Mutual Life Assurance Company of Canada

Defendants (Respondents)

Counsel:

John B. Gorman, Q.C., for the appellant

John A. Terry and Yousuf P. Aftab, for the respondents

Heard: February 23, 2012

On appeal from the judgment of Justice Paul Rivard of the Superior Court of Justice, dated March 25, 2010.

Appeal Book Endorsement

[1] In our view, the language of the Long Term Disability Insurance Policy is clear and the trial judge did not err in concluding that the appellant’s disability benefit is reduced by the payment she receives under the CPP and the HOOPP disability plans. Accordingly, the appeal is dismissed.

[2] The respondent cross-appeals the costs order. Despite Mr. Aftab’s capable argument, we are not persuaded that there is any error of principle in the trial judge’s costs decision that would justify this court interfering with the costs order he made. Accordingly, leave to appeal costs is granted but the appeal is dismissed.

[3] In view of the divided success, net costs of both proceedings to Sun Life fixed at $7,500 inclusive of disbursements and HST.