British Columbia Insurance Blog : Canada Insurance Lawyer & Attorney : Michael Thomas of Harper Grey Law Firm : British Columbia, Vancouver

An employee pursued a human rights complaint against her employer alleging discrimination with respect to disabilities which interfered with her ability to work.  The human rights complaint was settled and the employee executed a release of all claims, including claims for long term disability benefits.  At the same time the employee pursued a claim for long term disability benefits and the insurer eventually allowed her claim after two internal appeals.  The insurer later learned of the release and sought the return of the benefits paid to the employee.  The Court held the insurer was entitled to rely on the release.

Zelsman v. Meridian Credit Union Ltd. 2011 ONSC 1680, September 7, 2011, Ontario Superior Court of Justice, K.D. Coats J.

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The plaintiff was injured when he was assaulted in his vehicle when he stopped for gas.  He made a claim for statutory accident benefits, but his insurer denied the claim on the basis that the injuries were not sustained in an “accident” within the meaning of the governing legislation.  The insurer brought an application for summary judgment and the application was dismissed.  The Court found the plaintiff's injuries were directly connected to the use and operation of his vehicle because they were caused by assailants whose purpose was to seize possession and control of the plaintiff's automobile from him. The assault was not random but arose out of his ownership, use and operation of his vehicle.

Downer v. Personal Insurance Co. [2011] O.J. No. 3806, August 23, 2011, Ontario Superior Court of Justice, J. C. Murray J.

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