Sophia Zaidi

The insured renewed a travel insurance policy by telephone, providing answers about medical conditions.

After hospitalization, the insurer denied the claim due to alleged misrepresentation.

The insured's estate argued that the insurer could not rely on oral statements, asserting that Statutory Condition 2 of the Insurance Act required written statements.

The court dismissed the application, holding that the insurer's practice of providing a written application for review and correction after the telephone interview satisfied the statutory requirement and the consumer protection objectives of the Insurance Act.

An employee sought long-term disability benefits from her insurer after being injured in an automobile accident.

The insurer denied her claim after two years, determining she no longer met the definition of "total disability" under the policy.

The employee filed a grievance under her union's collective agreement with her employer, which was settled.

She then commenced an action against the insurer for breach of contract and punitive damages.

The motion judge dismissed the action on the ground that the court lacked jurisdiction, as the dispute arose from the collective agreement and was subject to exclusive arbitral jurisdiction.

The Court of Appeal affirmed, holding that the employee's entitlement to long-term disability benefits fell within the exclusive grievance and arbitration provisions of the collective agreement.