BURNS V. RBC LIFE INSURANCE COMPANY

In this case, Thomson Rogers represented the Plaintiff/Appellant, who was suing his insurer and its two adjuster employees regarding the insurer’s denial of the Plaintiff’s long-term disability benefits. On a motion brought before a Judge, the insurance adjusters successfully had the Statement of Claim against them struck on the basis that there was no cause of action against them, personally, since they had been carrying out their regular duties of employment. The Plaintiff appealed to the Ontario Court of Appeal and the appeal was granted; specifically, the motion Judge’s Order was varied to allow the Plaintiff leave to amend the Statement of Claim in order to plead the allegations against the adjusters with greater particularity.

Read the decision from The Court of Appeal of Ontario here.

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