35354 Serge Tremblay, Bruce Beaver v. Capitale Civil Service Insurer Inc., Capitale Insurance and Financial Services Inc. - and - Ministère de la santé et des services sociaux, et al. (Insurance – Group health insurance)
The applicants, as insured from the parapublic sector who became disabled in 1996 and 1997, respectively, represent two groups totalling just over 1,200 persons in their class action against the respondent insurers. Their initial health insurance contract from 1991, which was consolidated in 1997 and 2001, provided, in the event of disability, for both coverage until age 65 and the waiver of premiums. Since January 1, 1997, a clause in the master policy has made it possible to apply changes to the terms to all insured, regardless of their status. The applicant Mr. Tremblay and the other members of his group were notified of the termination of insurance coverage because of a change of union affiliation that occurred in 2001. The applicant Mr. Beaver and the other members of his group were notified of the termination of the waiver of premiums because of a change made to the policy in 2008 limiting the duration of that benefit. The Quebec Superior Court dismissed the class actions. And the Court of Appeal dismissed the appeal.