Hannah v. Industrial Alliance Insurance and Financial Services Inc. et al., (2007) 296 Sask.R. 5 (PC)

• Judge: S.C. Carter, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: February 20, 2007
• Jurisdiction: Saskatchewan
• Citations: (2007), 296 Sask.R. 5 (PC);2007 SKPC 15

Hannah v. Ind. Alliance Ins. (2007), 296 Sask.R. 5 (PC)

MLB headnote and full text

Temp. Cite: [2007] Sask.R. TBEd. MY.055

Delbert Hannah (plaintiff) v. Industrial Alliance Insurance and Financial Services Inc. and Michael Wolfond (defendants)

(No. 06-1007; 2007 SKPC 15)

Indexed As: Hannah v. Industrial Alliance Insurance and Financial Services Inc. et al.

Saskatchewan Provincial Court

Small Claims Court

S.C. Carter, P.C.J.

February 20, 2007.

Summary:

The plaintiff purchased a life insurance contract from the defendant, Industrial Alliance through its agent, the defendant, Wolfond. The plaintiff alleged that it was represented to him that the insurance premiums would be $2,400 per year. The premium for 2005 was $3,880 and $7,311 for the year 2006. The plaintiff sued under the Small Claims Act. The defendants sought the plaintiff's consent to transfer the claim to the Court of Queen's Bench. The plaintiff refused. The defendants applied to transfer the claim under s. 11(1).

The Saskatchewan Provincial Court, Small Claims Court, dismissed the application.

Practice - Topic 9765

Small claims - Transfers out of Small Claims Court - The plaintiff purchased a life insurance contract from the defendant, Industrial Alliance, through its agent, the defendant, Wolfond - The plaintiff alleged that it was represented to him that the insurance premiums would be $2,400 per year - The premium for 2005 was $3,880 and $7,311 for the year 2006 - The plaintiff sued under the Small Claims Act - The defendants applied to transfer the claim to the Court of Queen's Bench under s. 11(1) - The Saskatchewan Provincial Court, Small Claims Court, dismissed the application -The plaintiff was seeking a refund from the defendants for overpayment on his insurance policy - Prior to a trial in Provincial Court, and under s. 7.1 of the Act, the parties would have all of the documents or copies of documents necessary to properly address the issues - At trial, witnesses would be examined and cross-examined as to their understanding of the contract and what led them to that understanding - The court would be called upon to interpret the contract and to then determine whether there was any misrepresentation in tort or contract - None of this was overly complex and the fact that this was a contract of life insurance did not make it so - Finally, following a judgment, the parties could appeal.

Cases Noticed:

Baslik v. O.T.F., 24 C.C.P.B. 28, refd to. [para. 4].

Imperial Life Financial v. Langille (1997), 166 N.S.R.(2d) 46; 498 A.P.R. 46; 1997 CarswellNS 518 (S.C.), refd to. [para. 4].

CGU Insurance Co. of Canada v. Mulrooney (2002), 255 N.B.R.(2d) 61; 668 A.P.R. 61; 2002 CarswellNB 461 (T.D.), refd to. [para. 4].

Revere (Paul) Life Insurance Co. v. Herbin (1996), 149 N.S.R.(2d) 200; 432 A.P.R. 200; 1996 CarswellNS 101 (S.C.), refd to. [para. 4].

Stan v. Gene's Machine and Repair Shop Ltd. (2004), 246 Sask.R. 10 (Prov. Ct.), refd to. [para. 11].

Payne v. Pafco Insurance Co. (2000), 190 Sask.R. 181 (Prov. Ct.), refd to. [para. 17].

Counsel:

R. Cherkewich, for the plaintiff;

T. Hawryluk, for the defendant, Industrial Alliance and Insurance and Financial Services Inc.;

R. Nicolay, for the defendant, Michael Wolfond.

This application was heard at Prince Albert, Saskatchewan, by S.C. Carter, P.C.J., of the Saskatchewan Provincial Court, Small Claims Court, who delivered the following decision on February 20, 2007.