Disclosure of Mental Health (Insurance Contract)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-04-29
CLNP Page ID:	2326
Page Categories:	[Insurance Law]
Citation:	Disclosure of Mental Health (Insurance Contract), CLNP 2326, <https://rvt.link/a9>, retrieved on 2024-04-29
Editor:	Sharvey
Last Updated:	2023/12/07

Substitute Decisions Act, 1992, S.O. 1992, c. 30

2 (1) A person who is eighteen years of age or more is presumed to be capable of entering into a contract. 1992, c. 30, s. 2 (1).

(2) A person who is sixteen years of age or more is presumed to be capable of giving or refusing consent in connection with his or her own personal care. 1992, c. 30, s. 2 (2).

(3) A person is entitled to rely upon the presumption of capacity with respect to another person unless he or she has reasonable grounds to believe that the other person is incapable of entering into the contract or of giving or refusing consent, as the case may be. 1992, c. 30, s. 2 (3).

(4) In a proceeding in respect of a contract entered into or a gift made by a person while his or her property is under guardianship, or within one year before the creation of the guardianship, the onus of proof that the other person who entered into the contract or received the gift did not have reasonable grounds to believe the person incapable is on that other person. 1992, c. 30, s. 2 (4).

Insurance Act, R.S.O. 1990, c. I.8

185 Where an insurer fails to disclose or misrepresents a fact material to the insurance, the contract is voidable by the insured, but, in the absence of fraud, the contract is not by reason of such failure or misrepresentation voidable after the contract has been in effect for two years. R.S.O. 1990, c. I.8, s. 185.

...

291 (1) Despite any agreement, condition or stipulation to the contrary, but subject to a regulation made under paragraph 26.0.1 of subsection 121 (1), this Part applies to contracts made in Ontario on or after the 1st day of October, 1970. R.S.O. 1990, c. I.8, s. 291 (1); 2012, c. 8, Sched. 23, s. 34 (1).

(2) In the case of contracts made before and in effect on that day,

a) this section and sections 290, 292, 292.1, 293, 302, 305, 306, 307 and 311, and sections 313 to 329 of this Part apply; and

(b) sections 230, 231, 232, 233, 235, 242 and 245 of The Insurance Act, being chapter 190 of the Revised Statutes of Ontario, 1960, as it existed immediately before the 1st day of October, 1970, continue to apply. R.S.O. 1990, c. I.8, s. 291 (2); 2014, c. 7, Sched. 14, s. 5.

(3) This Part does not apply to,

(a) insurance undertaken by an insurer as part of a contract of life insurance whereby the insurer undertakes to pay an additional amount of insurance money in the event of the death by accident of the person whose life is insured;

(b) Repealed: 2012, c. 8, Sched. 23, s. 34 (2).

(c) insurance undertaken by an insurer as part of a contract of life insurance whereby the insurer undertakes to pay insurance money or to provide other benefits in the event that the person whose life is insured becomes disabled as a result of bodily injury or disease, except as provided in the regulations; or

(d) insurance provided under section 265 or 268. R.S.O. 1990, c. I.8, s. 291 (3); 2002, c. 18, Sched. H, s. 4 (26, 27); 2012, c. 8, Sched. 23, s. 34 (2, 3).