Monday, September 21, 2015

Relief from Forfeiture

Dube v. RBC Life Insurance Company, 2015 ONCA 641:

[6]          Thus the central issue on the motion was whether Dube was entitled to relief from forfeiture under s. 98 of the Courts of Justice Act, which states:

A court may grant relief against penalties and forfeitures, on such terms as to compensation or otherwise as are considered just.

The relief under s. 98 is both equitable and discretionary. The test for relief is well established. It has three components. The court must consider:

-      the conduct of the insured applicant

-      the gravity of the breach

-      the disparity between the value of the property forfeited and the damage caused by the breach, see: Saskatchewan River Bungalows Ltd. v. Maritime Life Assurance Co., [1994] 2 S.C.R. 490.

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