Constitution Insurance Co. of Canada v. Coombe
Constitution Insurance Company of Canada
 S.C.C.A. No. 614
File No.: 26348
Supreme Court of Canada
Record created: November 27, 1997.
ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO
Application for leave to appeal dismissed with costs (without reasons) March 12, 1998.
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.
Raymond G. Colautti (Paroian, Raphael, Courey, Cohen & Houston), for the motion.
Philippa Samworth (Fireman, Regan), contra.
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.
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;  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.  O.J. No. 4105.