Following the release of the court's reasons for judgment on an appeal, the respondent Aviva Canada Inc. requested that the court reopen its decision based on a recently released Supreme Court of Canada decision regarding the standard of review.
Aviva argued that the new decision altered the applicable standard of review from reasonableness to correctness due to concurrent jurisdiction provisions in the Insurance Act.
The court denied the request, noting that the parties did not agree an error had been made and finding that it was not in the interests of justice to withdraw the reasons and rehear the case on the merits.
