Vito Auciello & VA Realty Ltd. v. Royal Bank of Canada

The plaintiff, Vito Auciello, paid the premiums for his disability insurance by way of pre-authorized monthly withdrawals from a bank account at the defendant Royal Bank of Canada. The account was opened in the name of the plaintiff’s company, VA Realty Ltd. VA Realty was initially also a plaintiff in this litigation, but was dissolved before the claim was issued and discontinued this action on September 17, 2003. The Bank dishonoured two pre-authorized payments to the disability insurer in September and October 1994. The insurer subsequently denied coverage on the basis of the unpaid premiums. The plaintiff says he is disabled. In a separate action, the plaintiff sues the insurer to recover disability benefits.