Dubasoff v. Mutual Life Assurance Co. of Canada, (1995) 128 Sask.R. 303 (CA)

• Judge: Tallis, Sherstobitoff and Jackson, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: March 15, 1995
• Jurisdiction: Saskatchewan
• Citations: (1995), 128 Sask.R. 303 (CA)

Dubasoff v. Mutual Life (1995), 128 Sask.R. 303 (CA);

    85 W.A.C. 303

MLB headnote and full text

Mutual Life Assurance Company of Canada (appellant) v. Peter Dubasoff (respondent)

(Appeal File No. 1727)

Indexed As: Dubasoff v. Mutual Life Assurance Co. of Canada

Saskatchewan Court of Appeal

Tallis, Sherstobitoff and Jackson, JJ.A.

March 15, 1995.

Summary:

An insured under a group disability policy applied for a declaration that Canada Pen­sion Plan benefits received by the insured on behalf of his dependent children should not be deducted from the long-term disability benefits paid by the insurer.

The Saskatchewan Court of Queen's Bench, in a decision reported at 115 Sask.R. 219, granted the declaration. The insurer appealed.

The Saskatchewan Court of Appeal dis­missed the appeal.

Insurance - Topic 3579

Accident and sickness insurance - The contract - Interpretation of terms - De­ductions from amount payable - An insured was entitled to long-term disability benefits under a group policy - He also received disability benefits under the Canada Pension Plan (CPP) - The insurer contended that child benefits which were payable to the insured's children under s. 44(1)(e) of the CPP, and which were received by the insured on their behalf, were to be included in the insured's "dis­ability or retirement income from other sources" when calculating the amount payable under the group policy - The Saskatchewan Court of Appeal held that the benefits payable under s. 44(1)(e) of the CPP were not to be included in calcu­lating the amount payable under the group policy.

Cases Noticed:

Consolidated-Bathurst Export Ltd. v. Mutual Boiler and Machinery Insurance Co., [1980] 1 S.C.R. 888; 32 N.R. 488; 112 D.L.R.(3d) 49, refd to. [para. 10].

Ormonde v. London Life Insurance Co., [1991] I.L.R. 1-2696 (Ont. Gen. Div.), not appld. [para. 15].

Robertson v. Robertson (1974), 47 D.L.R.(3d) 159 (Man. C.A.), dist. [para. 15].

Statutes Noticed:

Canada Pension Plan Act, R.S.C. 1985, c. C-8, sect. 44(1)(e), sect. 44(1)(f), sect. 59, sect. 75 [para. 7].

Counsel:

Bryan E. Salte, for the appellant;

Thomas Campbell, for the respondent.

This appeal was heard on March 15, 1995, before Tallis, Sherstobitoff and Jackson, JJ.A., of the Saskatchewan Court of Appeal. The decision of the Court of Appeal was delivered orally on March 15, 1995, and the following reasons were delivered by Tallis, J.A., on March 23, 1995.