Rudy V. Buller

The moving party brought a motion to quash an appeal from an order of the Superior Court of Justice.

The Court of Appeal found that the underlying order was interlocutory because it did not dispose of any substantive defence.

Accordingly, the motion was granted, the appeal was quashed, and costs were awarded to the moving party.

The appellant insurance company appealed a trial judgment finding that its long-term disability policy provided benefit payments to age 65.

The Court of Appeal allowed the appeal, holding that the policy clearly and unambiguously limited the maximum benefit period to two years.

The trial judge erred by confusing provisions dealing with coverage with those dealing with the payment of benefits.

The action was dismissed.