Tilker v. Canada Life Casualty Insurance Co.  O.J. No. 2309 (S.C.J.)
Date of Decision: June 04, 2002
We defended an insurer against a fraudulent claim brought by its insured alleging the theft of a motorcycle. The trial applied Shakur v Pilot Insurance Co. 76.D.L.R (4337) (Ont C.A.) and held that the onus remained on the insured to prove the peril had in fact occurred regardless of the insurer’s other defences. In this case, the insured had to prove that the theft occurred. The Court held the insured had not proven that the theft occurred and therefore he could not recover under the policy. The Court further held the insured made willfully false statements in submitting his claim vitiating his right to recover pursuant to Section 233 (1) (ii) of the Insurance Act. The Court granted our client costs on a substantial indemnity scale in part, due to the insured’s unfounded claims of punitive damages.
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