Case Overview:
The case involved an appeal by Victoria Pui Yu Wong against Aviva Insurance Company of Canada. Ms. Wong sought a declaration that Aviva owed her a defense under an automobile insurance policy following a motor vehicle accident.

Background:
The accident occurred on March 18, 2019. Ms. Wong, believing her driver’s license had expired, instructed her mother, who shared the same insurance policy, to falsely claim she had been driving. The falsehood was repeated in police statements, a collision report, and insurance claim filings. Aviva uncovered the misrepresentation during discovery in the related litigation initiated by the other driver. Aviva denied coverage and declined to defend or indemnify Ms. Wong.

Legal Arguments/Issues:
Ms. Wong appealed the Superior Court’s dismissal of her application, challenging the finding that her actions constituted civil fraud. She argued that no quantifiable loss had been suffered by Aviva. The court, citing the four-part test for civil fraud from Hryniak v. Mauldin, concluded that Ms. Wong made false representations with knowledge of their falsehood, causing actionable losses to Aviva, including diminished credibility and defense disadvantage in the related action.

Disposition:
The Court of Appeal dismissed Ms. Wong's appeal, affirming the trial judge’s decision. It ordered Ms. Wong to pay $4,000 in costs to Aviva.