Duong v. NN Life Insurance Co. of Canada, (2001) 141 O.A.C. 307 (CA)
Judge | Catzman, Doherty and Simmons, JJ.A. |
Court | Court of Appeal (Ontario) |
Case Date | February 07, 2001 |
Jurisdiction | Ontario |
Citations | (2001), 141 O.A.C. 307 (CA) |
Duong v. NN Life (2001), 141 O.A.C. 307 (CA)
MLB headnote and full text
Temp. Cite: [2001] O.A.C. TBEd. FE.092
Thuan Duong (plaintiff/appellant) v. NN Life Insurance Company of Canada (defendant/respondent)
(C32606)
Indexed As: Duong v. NN Life Insurance Co. of Canada
Ontario Court of Appeal
Catzman, Doherty and Simmons, JJ.A.
February 27, 2001.
Summary:
The plaintiff sued an insurer for $100,000 for breach of a life insurance policy respecting Nguyen, his common law spouse who died of cancer in 1993. The insurer refused to pay the claim on the grounds of fraudulent misrepresentations and/or failure to disclose facts within their knowledge as to the medical condition of Nguyen that were material to the insurance (Insurance Act, ss. 183, 184).
The Ontario Superior Court, in a decision reported 100 O.T.C. 115, dismissed the action. The court was not satisfied that the plaintiff and Nguyen's statements were made fraudulently. However, it held that four of the answers in the application for insurance were false and amounted to a failure to disclose material facts. The plaintiff appealed.
The Ontario Court of Appeal dismissed the appeal.
Insurance - Topic 2442
Applicant's duty of disclosure - Materiality - Facts known to applicant - The plaintiff sued an insurer for breach of a life insurance policy respecting Nguyen, his common law spouse who died of cancer in 1993 - The trial judge dismissed the action finding that four of the answers in the application for insurance were false and amounted to a failure to disclose material facts - The Ontario Court of Appeal dismissed the plaintiff's appeal - There was evidence supporting the finding that the four answers were material misrepresentations - See paragraphs 1 to 4.
Insurance - Topic 2446
Applicant's duty of disclosure - Materiality - Material matters - [See Insurance - Topic 2442 ].
Insurance - Topic 3306
Payment of insurance proceeds - Actions - Defences - Failure to disclose - [See Insurance - Topic 2442 ].
Insurance - Topic 3307
Payment of insurance proceeds - Actions - Defences - Misrepresentation in application - [See Insurance - Topic 2442 ].
Insurance - Topic 3310
Payment of insurance proceeds - Actions - Defences - Effect of acts of affirmation of contract by insurer (estoppel) - The plaintiff sued an insurer for breach of a life insurance policy respecting his common law spouse who died in 1993 - In 1994, the insurer denied liability under the policy in issue (and a second one) but continued to accept premiums until December 1995 (after the action was commenced and six months after delivery of its statement of defence) - The plaintiff argued that the insurer was estopped from avoiding its obligation to pay under the policy because it had continued to accept and to retain premiums and thereby admitted that the policy continued to be in effect - The trial judge rejected the argument, holding that he was not satisfied that the insurer continued to treat the policy as valid and subsisting - The Ontario Court of Appeal dismissed the plaintiff's appeal - See paragraphs 5 to 11.
Insurance - Topic 7221
Life insurance - Defences and exclusions - General - [See Insurance - Topic 2442 ].
Counsel:
Thomas G. Conway, for the appellant;
John Connolly, for the respondent.
This appeal was heard on February 7, 2001, before Catzman, Doherty and Simmons, JJ.A., of the Ontario Court of Appeal, who released the following decision on February 27, 2001.
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Court Of Appeal Summaries (October 25-29, 2021)
...Limited (2006), 218 O.A.C 315, Hamilton v. Open Window Bakery Ltd., 2004 SCC 9 , Duong v. NN Life Insurance Co. of Canada (2001) 141 O.A.C. 307, Metropolitan Toronto Police Widows & Orphans Fund v. Telus Communications Inc. (2008), 44 B.LR. (4th), Bank of America Canada v. Mutual Trust Co.,......
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COURT OF APPEAL SUMMARIES (May 29, 2023 ' June 2, 2023)
...Limited (2006), 218 O.A.C. 315 (C.A.), Hamilton v. Open Window Bakery Ltd. , 2004 SCC 9, Duong v. NN Life Insurance Co. of Canada (2001), 141 O.A.C. 307, Levant v. DeMelle , 2022 ONCA 79, Hobbs v. Warner , 2021 BCCA 290 Burnham v. Co-operators General Insurance Company , 2023 ONCA 384 Keywo......
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Court Of Appeal Summaries (October 25-29, 2021)
...Limited (2006), 218 O.A.C 315, Hamilton v. Open Window Bakery Ltd., 2004 SCC 9 , Duong v. NN Life Insurance Co. of Canada (2001) 141 O.A.C. 307, Metropolitan Toronto Police Widows & Orphans Fund v. Telus Communications Inc. (2008), 44 B.LR. (4th), Bank of America Canada v. Mutual Trust Co.,......
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Court Of Appeal Summaries (July 25, 2022 ' July 29, 2022)
...Justice Act, R.S.O. 1990, c. C.43, s 134(1), Hamilton v. Open Window Bakery, 2004 SCC 9, Duong v. NN Life Insurance Company of Canada (2001), 141 O.A.C. 307 (C.A.) Dominion of Canada General Insurance Company v Ridi, 2022 ONCA 564 Keywords: Administrative Law, Standard of Review, Correctnes......
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Hamilton v. Open Window Bakery Ltd. et al., (2003) 184 O.A.C. 209 (SCC)
...et al., [1993] 4 S.C.R. 3; 160 N.R. 1; 34 B.C.A.C. 161; 56 W.A.C. 161, refd to. [para. 26]. Duong v. NN Life Insurance Co. of Canada (2001), 141 O.A.C. 307 (C.A.), refd to. [para. 27]. Authors and Works Noticed: American Jurisprudence (2nd Ed. 1988), vol. 22, para. 126 [para. 12]. American ......
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Carrigan v. Quinn, (2014) 326 O.A.C. 105 (DC)
...Insurance Co. (2008), 250 O.A.C. 352; 2008 ONCA 597, refd to. [para. 76, footnote 53]. Duong v. NN Life Insurance Co. of Canada (2001), 141 O.A.C. 307 (C.A.), refd to. [para. 76, footnote 53]. Juffs v. Investors Group Financial Services Inc. et al., [2005] O.T.C. 787 (Sup. Ct.), refd to. [p......
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Hamilton v. Open Window Bakery Ltd. et al., (2003) 316 N.R. 265 (SCC)
...et al., [1993] 4 S.C.R. 3; 160 N.R. 1; 34 B.C.A.C. 161; 56 W.A.C. 161, refd to. [para. 26]. Duong v. NN Life Insurance Co. of Canada (2001), 141 O.A.C. 307 (C.A.), refd to. [para. 27]. Authors and Works Noticed: American Jurisprudence (2nd Ed. 1988), vol. 22, para. 126 [para. 12]. American ......
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McNaughton Auto. v. Co-op General, (2008) 250 O.A.C. 352 (CA)
...if the trial judge has made an error in principle or if the costs award is plainly wrong ( Duong v. NN Life Insurance Co. of Canada (2001), 141 O.A.C. 307, at para. 14)." [27] I am also mindful that a costs award is a discretionary order and that the judge of first instance is in the best p......
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Court Of Appeal Summaries (October 25-29, 2021)
...Limited (2006), 218 O.A.C 315, Hamilton v. Open Window Bakery Ltd., 2004 SCC 9 , Duong v. NN Life Insurance Co. of Canada (2001) 141 O.A.C. 307, Metropolitan Toronto Police Widows & Orphans Fund v. Telus Communications Inc. (2008), 44 B.LR. (4th), Bank of America Canada v. Mutual Trust Co.,......
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COURT OF APPEAL SUMMARIES (May 29, 2023 ' June 2, 2023)
...Limited (2006), 218 O.A.C. 315 (C.A.), Hamilton v. Open Window Bakery Ltd. , 2004 SCC 9, Duong v. NN Life Insurance Co. of Canada (2001), 141 O.A.C. 307, Levant v. DeMelle , 2022 ONCA 79, Hobbs v. Warner , 2021 BCCA 290 Burnham v. Co-operators General Insurance Company , 2023 ONCA 384 Keywo......
-
Court Of Appeal Summaries (October 25-29, 2021)
...Limited (2006), 218 O.A.C 315, Hamilton v. Open Window Bakery Ltd., 2004 SCC 9 , Duong v. NN Life Insurance Co. of Canada (2001) 141 O.A.C. 307, Metropolitan Toronto Police Widows & Orphans Fund v. Telus Communications Inc. (2008), 44 B.LR. (4th), Bank of America Canada v. Mutual Trust Co.,......
-
Court Of Appeal Summaries (July 25, 2022 ' July 29, 2022)
...Justice Act, R.S.O. 1990, c. C.43, s 134(1), Hamilton v. Open Window Bakery, 2004 SCC 9, Duong v. NN Life Insurance Company of Canada (2001), 141 O.A.C. 307 (C.A.) Dominion of Canada General Insurance Company v Ridi, 2022 ONCA 564 Keywords: Administrative Law, Standard of Review, Correctnes......