Citation: Tokarchuk v. Standard Life Assurance Co. Date: 20141124 of Canada, 2014 MBCA 106 Docket: AI 14-30-08127 IN THE COURT OF APPEAL OF MANITOBA Coram: Madam Justice Freda M. Steel Madam Justice Holly C. Beard Mr. Justice Marc M. Monnin BETWEEN : WILLIAM TOKARCHUK ) M. L. Grande ) for the Appellant (Plaintiff) Respondent ) ) J. S.
Harvey - and - ) for the Respondent ) THE STANDARD LIFE ASSURANCE ) COMPANY OF CANADA ) Appeal heard and ) Decision pronounced: (Defendant) Appellant ) November 24, 2014 STEEL J.A. (for the Court): [ 1 ] On the consent of the parties, the appeal is adjourned sine die without costs. [ 2 ] The issue as to whether the plaintiff is disabled with respect to “any occupation” under the policy will be referred back to the motion judge, at which point the parties will be consenting to the dismissal of the entire action on a “with prejudice” basis as if the matter had been heard on the merits. J.A. J.A. J.A.