Law360 Canada ( July 17, 2024, 1:44 PM EDT) -- Appeal by appellant, Shelly Legault, from trial judge’s decision granting damages brought by TD General Insurance Company (“TD”) against her, and award of costs on grounds that trial judge erred by failing to consider TD’s alleged breaches of homeowner's insurance Policy (“Policy”). A fire rendered the appellant’s home temporarily uninhabitable. Following the fire, the appellant initially lived in a hotel and then arranged to live in a house she claimed belonged to Ogden. The appellant claimed additional living expenses (“ALE”) under the Policy to cover the rent. After receiving a signed tenancy agreement, TD paid $20,000 to Ogden, representing four months’ worth of rent. TD commenced an investigation into the legitimacy of the $20,000 payment after Ogden reported an alleged scheme by the appellant. The appellant signed an interim Proof of Loss in which she claimed, in part, ALE paid to Ogden in the amount of $20,000. TD denied the appellant’s claim in its entirety. The appellant brought an action against TD for denying the claim. The trial judge found the house lease was designed to appear to create a legitimate tenancy, but it did not. Instead, it was part of a sham created by the appellant and Ogden to secure payment from TD for purposes other than rent. Accordingly, the trial judge found that when the appellant signed the interim proof of loss, she knowingly made a false declaration....