Court of Appeal for Ontario

CITATION: Bonilla v. Great-West Life Assurance Company, 2016 ONCA 672

DATE: 20160909

DOCKET: C61971

Laskin, Feldman and Hourigan JJ.A.

BETWEEN

Glenda Bonilla

Plaintiff (Appellant)

and

Great-West Life Assurance Company and Canadian Imperial Bank of Commerce

Defendants (Respondent)

Kevin Doan, for the appellant

Keith Geurts and Barry Stork, for the respondent

Heard: September 6, 2016

On appeal from the judgment of Justice James F. Diamond of the Superior Court of Justice, dated March 3, 2016.

APPEAL BOOK ENDORSEMENT

[1] The three main issues on the appeal are first whether CIBC had the overall discretion to refuse approval of the rehabilitation plan; second whether CIBC’s refusal was reasonable; and third whether the application judge’s reasons were insufficient.

[2] In our view the application judge did not err in deciding the first two issues in favour of the Bank. Paragraph 3.01 of the Plan together with Mr. Bushe’s uncontradicted evidence that GWL had to go to CIBC for an expense over $5000 supported the Bank’s position on the first issue.

[3] On the second issue, in the light of the opinion evidence not only of the Dr. Brown, but as well of the appellant’s own doctor, Dr. Kharmy, we are not persuaded that the Bank’s refusal to approve the plan was unreasonable.

[4] On the third issue, though the reasons might have been more thorough, we are satisfied they are adequate.

[5] Accordingly, the appeal is dismissed, with costs in the agreed amount of $10,000, all inclusive.