Case information
Consult our database for details on a Supreme Court of Canada case.
41125
ivari v. Janice Thomson
(Alberta) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-07-25 | Close file on Leave | |
| 2024-07-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-07-11 | Judgment on leave sent to the parties | |
| 2024-07-11 |
Judgment of the Court on the application for leave to appeal, The motion for leave to intervene in the leave application filed by the Canadian Life and Health Insurance Association is dismissed. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 2203-0190AC, 2023 ABCA 369, dated December 18, 2023, is dismissed with costs. Côté J. took no part in the judgment. Dismissed, with costs |
|
| 2024-07-11 | Decision on motion for leave to intervene, See decision on application | |
| 2024-06-10 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-06-10 | Submission of motion for leave to intervene, for consideration by the Court | |
| 2024-03-28 | Intervener's memorandum of argument on application for leave, (Letter Form), Reply to the Response of the Respondent ., Completed on: 2024-04-10, (Printed version filed on 2024-03-28) | Canadian Life and Health Insurance Association Inc. |
| 2024-03-22 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2024-04-09, (Printed version filed on 2024-03-25) | Janice Thomson |
| 2024-03-21 |
Response to the motion for leave to intervene, (Book Form), Missing: -Proof of service; (Rec'd 2024-03-28), Completed on: 2024-03-22, (Printed version filed on 2024-03-22) |
ivari |
| 2024-03-21 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-03-22, (Printed version filed on 2024-03-22) | ivari |
| 2024-03-15 | Notice of name, (Book Form), (Printed version filed on 2024-03-15) | Canadian Life and Health Insurance Association Inc. |
| 2024-03-15 | Motion for leave to intervene, (Book Form), Filing fees (Rec'd 2024-03-15), Completed on: 2024-03-20, (Printed version filed on 2024-03-15) | Canadian Life and Health Insurance Association Inc. |
| 2024-03-13 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-03-13) | Janice Thomson |
| 2024-03-13 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-03-14, (Printed version filed on 2024-03-13) | Janice Thomson |
| 2024-02-19 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED; | |
| 2024-02-15 | Notice of name, (Letter Form), (Printed version filed on 2024-02-15) | ivari |
| 2024-02-15 | Certificate (on limitations to public access), (Letter Form), 23A;, (Electronic version filed on 2024-02-15) | ivari |
| 2024-02-15 |
Application for leave to appeal, (Book Form), Missing: -Filing fees; (Rec'd 2024-02-22), Completed on: 2024-02-23, (Printed version filed on 2024-02-15) |
ivari |
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 |
|---|---|---|
| ivari | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Thomson, Janice | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Life and Health Insurance Association Inc. | Intervener | Pending |
Counsel
Party: ivari
Counsel
Arpal S. Dosanjh
Clayton J. Gallant
Felicity Radan
2525 - 1075 West Georgia Street
Vancouver, British Columbia
V6E 3C9
Telephone: (604) 685-6272
FAX: (604) 685-8434
Email: skg@lawgm.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Thomson, Janice
Counsel
12420-140 Avenue N.W.
Suite 100
Edmonton, Alberta
T5N 3Z9
Telephone: (780) 448-7401
FAX: (780) 453-3281
Email: pkirwin@kirwinllp.com
Agent
43 Florence Street
Ottawa, Ontario
K2P 0W6
Telephone: (613) 237-4740
FAX: (613) 232-2680
Email: broy@champlaw.ca
Party: Canadian Life and Health Insurance Association Inc.
Counsel
Tosh Weyman
Shalom Cumbo-Steinmetz
79 Wellington Street, 30th Floor
Box 270, TD Centre
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-7825
FAX: (416) 865-7380
Email: douterbridge@torys.com
Summary
Keywords
Insurance — Personal insurance — Life insurance — Renewable and convertible life insurance policy — Attachment to policy provided 10-day period when policy holder could return universal life policy for cancellation and render it void as of issue date — As renewal date approaching, policy holder opted to convert policy to universal life policy — Within cancellation period, insured died — Also within cancellation period, policy holder cancelled universal life policy — Whether rights of life insurance beneficiaries vest on death of insured.
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.
Ms. Thomson owned a 10-year term life insurance policy issued by ivari and covering the life of her estranged husband. The policy was renewable and convertible, and would automatically renew unless written instructions to the contrary were received. When the policy was about to expire, Ms Thomson opted to convert it to a universal life policy. An attachment to the universal life policy provided a 10-day cancellation period during which Ms. Thomson could return the policy for cancellation, rendering it void as of the issue date. During the 10-day cancellation period, Ms. Thomson’s estranged husband passed away. Also within the 10-day cancellation period, Ms. Thomson cancelled the universal life policy and sought to rely on the original policy.
ivari denied the claim, arguing that the cancellation period expired when Mr. Thomson passed away, and that cancelling the universal life policy did not revive the original policy.
The summary trial judge found that Ms. Thomson had the right to cancel the universal life policy after Mr. Thomson’s death, that she had exercised that right, and that the cancellation revived the original policy. As a result, she was entitled to the death benefit provided for in the original policy. On appeal, ivari made a fresh argument that the attachment effectively constitutes a standard form contract of insurance under the Insurance Act, R.S.A. 2000, c. I-3. The appeal was dismissed.
Lower court rulings
Applicant ordered to pay respondent $1,300,000 death benefit plus prejudgment interest, set off
Appeal dismissed
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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