On April 8, 2003, the Ontario Court of Appeal dismissed the appeal seeking class certification of approximately 120,000 life insurance policy holders in Kumar v. The Mutual Life Assurance Company of Canada and Prudential Assurance Company Limited. In Kumar, the court upheld the lower court decisions refusing certification of the proposed class action dealing with life insurance policies and the “premium offset” or “vanishing premium” sales concept. In affirming the lower court decisions, Justice Marc Rosenberg held that there were no “common issues” within the meaning of the Class Proceedings Act and that a class action was not the “preferable procedure” to resolve the plaintiffs’ claims.
Paul Morrison and Dana Peebles of McCarthy Tétrault LLP represented The Mutual Life Assurance Company and Prudential Assurance Company. Paul Pape and Margaret Waddell in Toronto represented the appellants in both appeals.
Paul Morrison and Dana Peebles of McCarthy Tétrault LLP represented The Mutual Life Assurance Company and Prudential Assurance Company. Paul Pape and Margaret Waddell in Toronto represented the appellants in both appeals.
