Shannon v. Great-West Life Assurance Co., (1995) 106 Man.R.(2d) 75 (QB)

• Judge: Steel, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: December 14, 1995
• Jurisdiction: Manitoba
• Citations: (1995), 106 Man.R.(2d) 75 (QB)

Shannon v. Great-West Life (1995), 106 Man.R.(2d) 75 (QB)

MLB headnote and full text

Darren Myles Shannon (plaintiff) v. The Great-West Life Assurance Company

(Suit No. CI 95-01-86333)

Indexed As: Shannon v. Great-West Life Assurance Co.

Manitoba Court of Queen's Bench

Steel, J.

December 14, 1995.

Summary:

As a result of injuries sustained in a motor vehicle accident, Shannon became totally disabled and continued to be totally disabled for more than 60 months. Shannon sought the full monthly income benefit under his disability income policy. The insurer claimed that it was entitled to deduct the amount of the benefits Shannon received under the Manitoba Public Insurance Act. The court's opinion was sought by special case as to whether Shannon was entitled to the full monthly benefit under the disability income policy.

The Manitoba Court of Queen's Bench determined that Shannon was not entitled to the full monthly benefit under the disability income policy.

Insurance - Topic 3579

Accident and sickness insurance - The contract - Interpretation of terms - De­ductions from amount payable - Shannon became totally disabled as a result of injuries sustained in a motor vehicle acci­dent - Shannon was insured under a dis­ability income policy - An integrated monthly income benefit provision provided for reduction of the full monthly amount of benefits by the amount received under "any automobile accident insurance plan that provides for disability benefits" - Shannon received disability benefits under the compulsory government scheme of automobile accident insurance created under the Manitoba Public Insurance Cor­poration Act (MPIC) - The insurer claimed it was entitled to deduct the MPIC benefits - The Manitoba Court of Queen's Bench held that the insurer was entitled to deduct the MPIC benefits.

Cases Noticed:

Fudge v. North American Life Assurance Co. (1992), 78 Man.R.(2d) 128; 16 W.A.C. 128; 9 C.C.L.I.(2d) 176 (C.A.), refd to. [para. 15].

Ellis v. Fisher (1977), 80 D.L.R.(3d) 80 (Ont. H.C.), refd to. [para. 17].

Myers Estate et al. v. Zurich Insurance Co. (1992), 118 N.S.R.(2d) 379; 327 A.P.R. 379; 16 C.C.L.I.(2d) 244 (T.D.), refd to. [para. 19].

Jackson v. London Life Insurance Co. (1993), 90 Man.R.(2d) 75; 21 C.C.L.I.(2d) 127 (Q.B.), refd to. [para. 20].

Grace v. Manitoba Public Insurance Corp. (1988), 52 Man.R.(2d) 75 (C.A.), refd to. [Schedule A].

Kuzyk v. Commercial Union Assurance Co. of Canada (1990), 107 A.R. 260; 71 D.L.R.(4th) 751 (Q.B.), refd to. [Sched­ule A].

Statutes Noticed:

Manitoba Public Insurance Corporation Act, R.S.M. 1987, c. P-215; C.C.S.M., c. P-215, sect. 33(1) [para. 23].

Authors and Works Noticed:

Fridman, G.H.L., The Law of Contract in Canada (3rd Ed.), p. 467 [para. 12].

Shorter Oxford English Dictionary [para. 22].

Counsel:

Paul Walsh, Q.C., for the plaintiff;

Darcia A.C. Kohuch, for the defendant.

This case was heard before Steel, J., of the Manitoba Court of Queen's Bench, who delivered the following judgment on De­cember 14, 1995.