403-670-0055 | 1-877-682-3476

403-670-0055 | 1-877-682-3476

DC -and-Blue Cross Life Insurance Company of Canada and John Doe Corporation

Counsel:

James W. LudwarRober J Affleck

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Introduction:

[1] The plaintiff was previously employed by two companies that carried on joint trucking operations. When his employment was terminated in 2016, the plaintiff filed complaints to challenge his termination under the Canadian Human Rights Act, RSC 1985, c H-6, and the Canada Labour Code, RSC 1985, c L-2. He subsequently settled both complaints in return for financial consideration. As part of the settlement, the plaintiff signed minutes of settlement and a release.  
[2] In this action, the plaintiff pursues a claim for long-term disability benefits from the defendant, Blue Cross Life Insurance Company of Canada [Blue Cross]. Blue Cross served as the provider of group disability insurance for employees of one of the joint employers. The claim against Blue Cross is partly based on the plaintiff's successful request for disability benefits prior to losing his job. 
[3] Blue Cross now contends that the protection afforded by the settlement and release extends to it as well. Aside from this amounting to a defence to the plaintiff's claim, Blue Cross posits that the plaintiff's action defies the settlement and release, thereby justifying it being struck as an abuse of the Court's process pursuant to Rule 7-9(2)(e) of The King's Bench Rules. 
[4] The argument advanced by Blue Cross engages two principal considerations: (1) the judicial approach to the interpretation of release documents, including interpretations that might afford protection to third parties; and (2) the circumstances under which an action can or should be struck as an abuse of process. 

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We are centrally located on 14th Street NW, just south of the Jubilee Auditorium and SAIT. We provide free parking and have easy access to bus stops. Contact us today to schedule your free initial consultation.

Contact us:

Address

#101, 429-14th Street NWCalgary, AB T2N 2A3

Phone

403-670-00551-877-682-3476

E-mail

ac.walrawdul%40ofni

Hours:

Monday - Thursday

08:30 AM - 05:00 PM

Friday

08:30 AM - 04:00 PM

After hours meetings available by appointment.



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All rights Reserved

We are centrally located on 14th Street NW, just south of the Jubilee Auditorium and SAIT. We provide free parking and have easy access to bus stops. Contact us today to schedule your free initial consultation.

Contact us:

Address

#101, 429-14th Street NWCalgary, AB T2N 2A3

Phone

403-670-00551-877-682-3476

E-mail

ac.walrawdul%40ofni

Hours:

Monday - Thursday

08:30 AM - 05:00 PM

Friday

08:30 AM - 04:00 PM

After hours meetings available by appointment.



Privacy Policy

All rights Reserved