Motion To Transfer To Simplified Procedure Comes Too Late

In Granville v. Blue Cross Life Insurance Company of Canada¹, the plaintiff sought leave to transfer his action from regular procedure to Simplified Procedure. In the alternative, the plaintiff sought to transfer the action from the Superior Court of Justice to the Small Claims Court. The plaintiff's motion was dismissed.

Facts

The plaintiff sought damages from the defendant arising from a denial of the plaintiff's claim for long term disability benefits. The plaintiff sought a declaration that he was entitled to such benefits and judgment for the amount due, in addition to a total of $4,000,000 for breach of duty to act in good faith, punitive and exemplary damages and aggravated damages.