Majority
The judgment of the Court was delivered orally by
La Forest J.
La Forest J. ‑‑ It will not be necessary to hear you Mr. Culver. The Court is ready to give judgment.
In our view, the identical question raised in the present actions was not decided in prior proceedings. In the prior tort action, the issue was a finding of fact as to ability to work in relation to assessment of damages. The issue in the present cases is the legal interpretation of disability under the terms of two insurance policies and the Insurance Act. The same consideration determines the issue of abuse of process.
The appeals are dismissed with costs and the orders of the Court of Appeal are affirmed.
Judgment accordingly.
Solicitors for the appellant Pilot Insurance Company: Agro, Zaffiro, Parente, Orzel & Baker, Hamilton.
Solicitors for the appellants CNA Assurance Company and the Citadel General Assurance Company: Sawers, Liswood, Scott, Hickman, Toronto.
Solicitors for the respondent: Evans, Philp, Hamilton.