Dubasoff v. Mutual Life Assurance Co. of Canada, (1993) 115 Sask.R. 219 (QB)
Judge | Osborn, J. |
Court | Court of Queen's Bench of Saskatchewan (Canada) |
Case Date | December 06, 1993 |
Jurisdiction | Saskatchewan |
Citations | (1993), 115 Sask.R. 219 (QB) |
Dubasoff v. Mutual Life (1993), 115 Sask.R. 219 (QB)
MLB headnote and full text
Peter Dubasoff (plaintiff/defendant by counterclaim) v. The Mutual Life Assurance Company of Canada (defendant/plaintiff by counterclaim)
(1991 Q.B. No. 113)
Indexed As: Dubasoff v. Mutual Life Assurance Co. of Canada
Saskatchewan Court of Queen's Bench
Judicial Centre of Yorkton
Osborn, J.
December 6, 1993.
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 granted the declaration.
Insurance - Topic 3579
Accident and sickness insurance - The contract - Interpretation of terms - Deductions from amount payable - 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 policy stated that Canadian Pension Plan benefits received by the insured were to be deducted, but it specifically excluded benefits for dependent children - The Saskatchewan Court of Queen's Bench held that on the ordinary meaning of the policy the Canada Pension Plan benefits received on behalf of the insured's children were not to be deducted.
Cases Noticed:
Ormonde v. London Life Insurance Co., [1991] I.L.R. 1-2696 (Ont. Gen. Div.), dist. [para. 17].
Counsel:
Thomas Campbell, for the plaintiff;
Bryon Salte, for the defendant.
This action was heard by Osborn, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Yorkton, who delivered the following decision on December 6, 1993.
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Dubasoff v. Mutual Life Assurance Co. of Canada, (1995) 128 Sask.R. 303 (CA)
...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 The Saskatchewan Court of Appeal dismissed the appeal. Insurance - Topic 3579 Accident and sickness i......
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Dubasoff v. Mutual Life Assurance Co. of Canada, (1995) 128 Sask.R. 303 (CA)
...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 The Saskatchewan Court of Appeal dismissed the appeal. Insurance - Topic 3579 Accident and sickness i......