Digest: Ituna Investments LP v Industrial Alliance Insurance and Financial Services Inc., 2018 SKQB 162

• Date: May 18, 2018

Reported as: 2018 SKQB 162

Docket Number: QBG 1583/16 JCS|QBG 1597/16 JCS|QBG 1775/17 JCS|QBG 1519/17 JCS|QBG 1823/17 JCS , QB17549

Court: Court of Queen's Bench

Date: 2018-05-18

Judges:

• Scherman

Subjects:

• Civil Procedure � Queen�s Bench Rules, Rule 3-49
• Civil Procedure � Pleadings � Originating Application
• Contract Law � Interpretation

Digest: The three applicant investment companies respectively commenced proceedings by originating application under Queen�s Bench rule 3-49 (1)(d), against the three respondent insurance companies in relation to certain �universal life� insurance policies. The applicants sought declarations that the policy language required the respective insurers to accept �premium� contributions to and withdrawals from policy side accounts where those excess contributions would earn specified and attractive rates of interest. The respondents filed 11 affidavits of more than 5,500 pages of sworn statement and exhibits. The applicants then brought applications to strike�out much or all of the affidavits because as the central issue in their originating application was the proper interpretation of the contracts, the evidence proffered in the affidavits was inadmissible. The language of the contracts was unambiguous and therefore extrinsic evidence regarding the purpose and intent of the policies should not be admitted when interpreting the contracts. In addition, the affidavits contained matters beyond the personal knowledge of the affiants, opinion evidence, extrinsic evidence and irrelevant evidence generally. The respondents then applied requesting that the applications to strike be adjourned to the hearing on the merits of the applications. They...