Case Name:

Constitution Insurance Co. of Canada v. Coombe

Terry Coombe

v.

Constitution Insurance Company of Canada

[1997] S.C.C.A. No. 614

File No.: 26348

 Supreme Court of Canada

Record created: November 27, 1997.

Appeal From:

ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO

Status:

Application for leave to appeal dismissed with costs (without reasons) March 12, 1998.

Catchwords:

Commercial law -- Insurance -- Procedural law -- Evidence -- Burden of proof -- Cessation of payment of motor vehicle accident benefits -- Onus of proving cessation of disability if insurer ceases payments of benefits due under judicial order to make payments in accordance with contract of insurance.

Counsel:

Raymond G. Colautti (Paroian, Raphael, Courey, Cohen & Houston), for the motion.

Philippa Samworth (Fireman, Regan), contra.

Chronology:

1. Application for leave to appeal:

FILED: November 27, 1997. S.C.C. Bulletin, 1997, p. 2226.

 SUBMITTED TO THE COURT: January 30, 1998. S.C.C.

 Bulletin, 1998, p. 189.

 DISMISSED WITH COSTS: March 12, 1998 (without reasons).

 S.C.C. Bulletin, 1998, p. 427.

 Before: Iacobucci, Major and Bastarache JJ.

Procedural History:

Judgment at first instance: Declaration suspending order to

 pay insurance benefits granted.

 Ontario Court (General Division), Granger J.,

 September 9, 1993.

 15 O.R. (3d) 461; [1993] O.J. No. 2178.

Judgment on appeal: Appeal and cross-appeals dismissed. Ontario Court of Appeal, McMurtry C.J.O., Finlayson and Doherty JJ.A., October 14, 1997. [1997] O.J. No. 4105.

ver/rpl