The appellant appealed a summary judgment dismissing her claim for an accidental death benefit after her son died from a fall from a balcony.
The motion judge used fact-finding powers under Rule 20.04(2.1) to conclude the appellant could not prove the death was accidental rather than suicide.
The Court of Appeal upheld the dismissal against the insurer, finding no error in the motion judge's assessment of the evidence.
However, the Court set aside the dismissal against the employer, as the claim against it was based on misrepresentation and it had not participated in the motion.
