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The Ontario Court of Appeal has affirmed that the new fact-finding powers available to judges on summary judgment motions can allow insurers to obtain a dismissal of an executor's action...
The Ontario Court of Appeal has affirmed that the new
fact-finding powers available to judges on summary judgment motions
can allow insurers to obtain a dismissal of an executor's
action if she cannot meet her evidentiary burden to establish
accidental death. The motions judge was entitled to draw inferences
from the available evidence, and was not required to comment on all
of the executor's favourable evidence in his reasons. Read the
full decision here.
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