Case information
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36360
[C.P.] v. RBC Life Insurance Company
(British Columbia) (Civil) (By Leave)
(Publication ban in case) (Publication ban on party) (Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2015-09-14 | Close file on Leave | |
| 2015-09-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-09-11 | Judgment on leave sent to the parties | |
| 2015-09-10 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA041585, 2015 BCCA 30, dated January 26, 2015, is dismissed with costs. Dismissed, with costs |
|
| 2015-07-13 | All materials on application for leave submitted to the Judges, CJ Wa Ga | |
| 2015-05-11 | Applicant's reply to respondent's argument, (Book Form), Proof of service to come. Received 2015-05-19., Completed on: 2015-05-19, (Electronic version filed on 2015-05-11) | [C.P.] |
| 2015-04-29 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-04-29, (Electronic version filed on 2015-04-29) | RBC Life Insurance Company |
| 2015-04-29 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-04-29) | RBC Life Insurance Company |
| 2015-04-29 | Notice of name, (Letter Form), (Electronic version filed on 2015-04-29) | RBC Life Insurance Company |
| 2015-04-28 | Correspondence received from, (Letter Form), counsel for the applicant, re : Address changed. | [C.P.] |
| 2015-04-10 | Correspondence received from, (Letter Form), Michael Sobkin, agent for the applicant re : sealing order dated 2015-03-27., (Electronic version filed on 2015-04-10) | [C.P.] |
| 2015-03-31 | Letter acknowledging receipt of a complete application for leave to appeal, File opened 2015-03-31. | |
| 2015-03-27 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-03-30) | [C.P.] |
| 2015-03-27 | Book of authorities, (Book Form), Public version., (Electronic version filed on 2015-03-30) | [C.P.] |
| 2015-03-27 | Application for leave to appeal, (Book Form), 2 redacted version copies received. Proof of service missing. Received 2015-03-31., Completed on: 2015-03-31, (Electronic version filed on 2015-03-30) | [C.P.] |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| [C.P.] | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| RBC Life Insurance Company | Respondent | Active |
Counsel
Party: [C.P.]
Counsel
North Vancouver, British Columbia
V7L 4V1
Telephone: (604) 602-1040
FAX: (604) 602-1230
Email: fhayman@haymanlaw.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: RBC Life Insurance Company
Counsel
2700 - 700 Georgia Street West
Vancouver, British Columbia
V7Y 1B8
Telephone: (604) 484-1771
FAX: (604) 484-9700
Email: jcarmichael@ahbl.ca
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
(PUBLICATION BAN IN CASE) (PUBLICATION BAN ON PARTY) (SEALING ORDER)
Insurance – Personal Insurance – Whether foreseeability test adopted by Fidler v. Sun Life Assurance Co. of Canada, 2006 SCC 30, limits mental distress damages for breach of insurance contracts promising peace of mind – Whether punitive damages are available where an insurance company acts in reckless disregard of its duty to act in good faith in the handling of an insurance claim.
From 2006 to 2009, CP collected disability benefits for loss of income due to illness from RBC Life Insurance Company. In July 2009, she notified RBC that she anticipated a return to full-time work by September 1, 2009. On July 15, 2009, RBC erroneously implemented an internal procedure called Advance Pay and Close pursuant to which it paid benefits until September 1, 2009. However, CP did not return to full-time work and RBC did not re-open her claim. RBC acknowledges that it failed to follow requirements under its policy and it exacerbated the situation by treating CP’s requests for benefits after the claim was closed as an appeal. In April 2010, RBC re-opened CP’s claim. CP obtained damages for mental distress during the eight-month period in which the claim was closed. Her claim for punitive damages was dimissed.
Lower court rulings
Supreme Court of British Columbia
S105106, 2014 BCSC 117
See file.
Court of Appeal for British Columbia (Vancouver)
CA041585, 2015 BCCA 30
See file.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available