Court of Appeal

Judge:

The Honourable Justice Joel E. Fichaud

Appeal Heard:

February 3, 2015, in Halifax, Nova Scotia

Subject:

Insurance – material misrepresentation

Summary:

Mr. Linden applied for life and disability insurance.  The application included a supplementary health questionnaire (“SHQ”) over the telephone.  The SHQ included questions about Mr. Linden’s medical history.  After Mr. Linden’s death, his widow applied for life insurance benefits.  The insurer denied the benefits.  Ms. Linden sued the insurer.  The judge of the Supreme Court of Nova Scotia dismissed her claim.  The judge found that Mr. Linden’s SHQ materially misrepresented his medical history in several respects, particularly his past hospitalizations and abuse of prescription drugs, and this permitted the insurer to avoid the policy.  Ms. Linden appealed to the Court of Appeal.

Issues:

Did the judge err in her ruling that there was a material misrepresentation?  Did she err by refusing to accept Ms. Linden’s affidavit tendered on the day of hearing?

Result:

The Court of Appeal dismissed the appeal.  The judge made no error in her ruling that there was a material misrepresentation.  The judge’s refusal to accept the late affidavit neither erred in law nor led to a patent injustice.  The affidavit would not have advanced Ms. Linden’s case.