The Honourable Justice D. C. Shaw

The applicant sought a declaration that his insurer was obligated to defend and indemnify him for a motor vehicle accident that occurred while he was delivering pizzas.

The insurer had denied coverage on the basis that the applicant failed to disclose the business use of his vehicle, which constituted a material change in risk.

The court dismissed the application, finding that the undisclosed business use was a material change in risk and that, pursuant to section 233 of the Insurance Act, the applicant's right to recover indemnity was forfeited.

The accused was charged with sexual assault, touching for a sexual purpose, and incest against his daughter, relating to two historical incidents when she was 14 and 18 years old.

The complainant testified that she was highly intoxicated during both incidents and experienced blackouts, but awoke to find the accused sexually assaulting her.

The court found the complainant's evidence credible and reliable, supported by corroborating evidence and prior consistent statements admitted to rebut recent fabrication.

The accused was found guilty of two counts of sexual assault and one count of touching for a sexual purpose, but not guilty of incest as the Crown failed to prove sexual intercourse beyond a reasonable doubt.