NOVA SCOTIA COURT OF APPEAL
Citation: Combined Insurance Company v. Hart, 2003 NSCA 134
Date: 20031205
Docket: CA 201300
Registry: Halifax
Between:
Combined Insurance Company of America, with Head Office at
980 Yonge Street, Toronto, in the Province of Ontario
Appellant
v.
Darcy Hart, as Guardian ad litem, on behalf of Amanda Hart,and Darcy Hart, for herself
Respondents
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JUDGE: Bateman, J.A. (Orally)
APPEAL HEARD: December 5, 2003
JUDGMENT DELIVERED: December 5, 2003
WRITTEN RELEASE OF ORAL: December 9, 2003
SUBJECT: Civil Procedure Rule 25
SUMMARY: Parties made application to have wording of clause in a sickness insurance policy determined by a Chambers judge pursuant to an Agreed Statement of Facts under Rule 25. Insurer appealed determination.
ISSUE: Did the judge properly interpret the clause?
RESULT: Appeal allowed without costs. The Agreed Statement of Facts was not well developed and the issue for decision was not stated with much clarity. In light of the issues and submissions raised on appeal, it was apparent that the parties do not agree on the relevant facts essential to resolving the dispute which they submitted to the Chambers judge under Rule 25. Absent such agreement, it was not a proper case for a Rule 25 application.
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