Green v. Transamerica Life Canada

Ontario Reports

Ontario Superior Court of Justice,

Master Graham

August 31, 2015

127 O.R. (3d) 154 | 2015 ONSC 5430

Case Summary

Civil procedure — Pleadings — Statement of claim — Striking — Plaintiff suing defendant for damages arising from cancellation of life insurance policy — Plaintiff seeking punitive damages and pleading defendant's revenue and assets in support of that claim — Pleading of revenue and assets irrelevant to claim and therefore frivolous and vexatious — Pleading struck.

The plaintiff sued the defendant insurer for damages arising from the cancellation of a life insurance policy. In support of his claim for punitive damages, he pleaded the defendant's revenue and assets. The defendant brought a motion for an order striking that pleading.

Held, the motion should be granted.

The defendant had not argued financial hardship, and no link was alleged between the defendant's financial strength and its decision to treat the plaintiff's insurance policy as lapsed. There was no evidence as to what amount of punitive damages would be sufficient to achieve deterrence in this case, in the event that the trial court were to conclude that punitive damages were warranted. The impugned pleading was irrelevant to the claim and was therefore frivolous and vexatious.

Whiten v. Pilot Insurance Co., [2002] 1 S.C.R. 595, [2002] S.C.J. No. 19, 2002 SCC 18, 209 D.L.R. (4th) 257, 283 N.R. 1, J.E. 2002-405, 156 O.A.C. 201, 20 B.L.R. (3d) 165, 35 C.C.L.I. (3d) 1, [2002] I.L.R. I-4048, REJB 2002-28036, 111 A.C.W.S. (3d) 935, consd

Chopik v. Mitsubishi Paper Mills Ltd., [2002] O.J. No. 2780, [2002] O.T.C. 472, 26 C.P.C. (5th) 104, 115 A.C.W.S. (3d) 39 (S.C.J.), distd

Other cases referred to

Akers v. Dearden, [2004] O.J. No. 775, 2004 27036, 129 A.C.W.S. (3d) 1108 (S.C.J.); Canadian National Railway Co. v. Brant (2009), 2009 32911 (ON SC), 96 O.R. (3d) 734, [2009] O.J. No. 2661, [2009] 4 C.N.L.R. 47, 178 A.C.W.S. (3d) 339 (S.C.J.); [page155] Carney Timber Co. v. Pabedinskas, [2008] O.J. No. 4818, 2008 63163, 173 A.C.W.S. (3d) 89 (S.C.J.); Guaranty Trust Co. of Canada v. Public Trustee (1978), 1978 1704 (ON SC), 20 O.R. (2d) 247, [1978] O.J. No. 3428, 87 D.L.R. (3d) 417, [1978] 2 A.C.W.S. 99 (H.C.J.); Wernikowski v. Kirkland, Murphy & Ain (1999), 1999 3822 (ON CA), 50 O.R. (3d) 124, [1999] O.J. No. 4812, 181 D.L.R. (4th) 625, 128 O.A.C. 33, 141 C.C.C. (3d) 403, 48 C.C.L.T. (2d) 233, 41 C.P.C. (4th) 261, 31 C.R. (5th) 99, 93 A.C.W.S. (3d) 473, 44 W.C.B. (2d) 505 (C.A.)

Rules and regulations referred to

Rules of Civil Procedure, R.R.O. 1990, Reg. 194, rules 25.06(1), 25.11, (b)

MOTION by the defendant for an order striking part of the statement of claim.

S. Sieger, for plaintiff.

T. Asselin, for defendant (moving party).

[The remainder of the judgment continues verbatim in the original text already provided above.]