Keddy v. Blue Cross Life Insurance Company of Canada, 2012 NSCA 103

NOVA SCOTIA COURT OF APPEAL Citation: Keddy v. Blue Cross Life Insurance Company of Canada , 2012 NSCA 103 Date: 20120924 Docket: CA 388764 Registry: Halifax Between: Shaun Keddy Appellant v. Blue Cross Life Insurance Company of Canada Respondent Judges: MacDonald, C.J.N.S.; Saunders and Farrar, JJ.A. Appeal Heard: September 24, 2012, in Halifax, Nova Scotia Written Release: September 26, 2012 Held: Appeal dismissed per oral reasons for judgment of Farrar, J.A.; MacDonald, C.J.N.S. and Saunders, J.A. concurring. Counsel: Colin D. Bryson, Q.C., for the appellant Ian R. Dunbar and Charles J.

Ford, for the respondent Reasons for Judgment: (Orally) [ 1 ] We would dismiss the appeal essentially for the reasons of the application judge, Nova Scotia Supreme Court Justice Michael

J. Wood. Wood, J. properly stated the test for

summary judgment. Having found that there were no disputed facts he applied the undisputed facts to the wording of the policy to determine if the appellant’s claim had a real chance of success. He found that it did not. He concluded Mr. Keddy was not disabled within the meaning of the policy and was, therefore, ineligible for long term disability benefits. [ 2 ] Having carefully reviewed the reasons of the application judge we see no patent injustice or error in principle. [ 3 ] At the conclusion of the appeal hearing, after hearing from counsel on the issue of costs, we reserved our decision.

I would award costs, payable by the appellant to the respondent, in the amount of $800 inclusive of disbursements. Farrar, J.A. Concurred in: MacDonald, C.J.N.S. Saunders, J.A.