The respondent claimed disability benefits under a group policy issued to Jet Express Canada Inc. The trial judge found the respondent eligible, treating his employer, Jet Express Canada (2000) Inc., as the same entity as the policyholder.
The Court of Appeal allowed the appeal, finding no evidence that the two companies were related or that the respondent's employer was a participating employer under the policy.
The respondent's action was dismissed, and the appellant's counterclaim for reimbursement of benefits paid was allowed.
