The Respondent trade union member was employed as a high pressure water blaster and joined the International Brotherhood of Painters and Allied Trades. In due course, he satisfied himself regarding the benefits of Policy No. G.6639 issued by the Co-operators Life Insurance Company. A term of the policy stated in part that the Applicant pay a benefit for paraplegia or loss of use of both legs upon proof that the loss results "directly and independently of all other causes from bodily injuries occasioned solely through external, violent and accidental means". The Respondent had unprotected sex with three women during January & February of 2003 and became infected with Herpes Simplex, initially causing "pelvic discomfort", later transverse myelitis (inflammation of the spinal cord), resulting in paralysis mid-abdomen down. A special case was put before the B.C.S.C., asking: did the Plaintiff sustain his paraplegia ‘directly and independently of all other causes from bodily injuries occasioned solely through external, violent and accidental means’ within the meaning of the Policy. Did the Respondent’s thoughts during the post-coital connubial bliss phase after the sessions noted above turn to
   – a semi-somnolent cigarette
   – or, the person then with him
   – or, how innately smart it is (or not) to have unprotected sex x3
or, rather did those thoughts drift (while reaching for his well-thumbed copy of Driedger on Construction of Statutes, 5th ed. on the bedside table) and focus more specifically on
   – the fine print in his Co-operators policy no. G.6639
   – and, what proper and appropriate statutory /contractual interpretation should be given to same.
The B.C.S.C. answered in the affirmative, and ordered the Co-operators to pay $200,000.  The B.C.C.A. let his award stand.
Co-operators Life Insurance Company/Co-operators Companie D’Assurance-Vie v. Randolf Charles Gibbens (B.C.C.A., April 15, 2008)(32677) "The application for leave to appeal…is granted with costs to the applicants in any event of the cause."

(Lang Michener LLP, 23 October 2008. Copyright Lang Michener, all rights reserved)

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