The Plaintiff’s claim for long-term disability benefits under a group policy of insurance issued by the Defendant was dismissed. The court held that a pre-existing condition exclusion clause was operative where symptoms of a disorder were exhibited during the applicable waiting period even though the ultimate diagnosis of the condition was delayed until after the expiry of the waiting period.
Van Maele v. Alberta Blue Cross Benefits Corp., [2004] A.J. No. 367, Alberta Court of Queen’s Bench