According to the court, Carluccio, an employee of Carluccio Construction Inc., was driving the company car, insured by Aviva Insurance Company of Canada, with a license that had expired in January of that year.
Carluccio argued he did not receive a renewal form or any notice from the Ministry of Transportation that his license had expired.
Aviva denied liability to both the construction company and Pat Carluccio on the basis that driving with an expired license was a breach of statutory condition No. 4 of the Insurance Act.
Based on the rule of Ontario Superior Court Justice, the Insurer does not have to provide a defence to its insured.
It is clear breach the statutory condition, will void your policy. Any drivers does not hold valid driver license and have a damage in accident, the Auto Insurance policy will not pay you for the liability or property damage.