A Toronto man who killed his wife should be allowed to collect on her life insurance policy because he was insane at the time, Ontario’s top court ruled Tuesday.
In overturning a lower judge’s decision, the Appeal Court of Ontario decided that public policy, which normally would bar killers from benefiting from their victims’ deaths, does not apply in this case.
However, the court put its decision on hold to allow the government to try to seize the money.
In 2006, Ved Parkash Dhingra killed his estranged wife Kamlesh Kumari Dhingra and was tried for second-degree murder. Then 66 years old, he was found not criminally responsible in 2008 on account of mental disorder. He was later granted a conditional discharge.
Dhingra, who had suffered a mental disorder for many years, sought to collect on his wife’s life insurance policy worth $51,000.
The victim’s son disputed the payout and claimed the proceeds for the estate.
Last June, Ontario Superior Court Justice Andra Pollak ruled Dhingra was not entitled to the insurance money, even if he didn’t mean to kill his wife.
“(Dhingra) committed second-degree murder,” Pollak ruled. “Even though he was found not criminally responsible, he still physically committed the crime.”
Relying on a handful of relevant cases, the Appeal Court decided Pollak was wrong to discount Dhingra’s mental state.
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Toronto News: Insane killer entitled to victim
In overturning a lower judge’s decision, the Appeal Court of Ontario decided that public policy, which normally would bar killers from benefiting from their victims’ deaths, does not apply in this case.
However, the court put its decision on hold to allow the government to try to seize the money.
In 2006, Ved Parkash Dhingra killed his estranged wife Kamlesh Kumari Dhingra and was tried for second-degree murder. Then 66 years old, he was found not criminally responsible in 2008 on account of mental disorder. He was later granted a conditional discharge.
Dhingra, who had suffered a mental disorder for many years, sought to collect on his wife’s life insurance policy worth $51,000.
The victim’s son disputed the payout and claimed the proceeds for the estate.
Last June, Ontario Superior Court Justice Andra Pollak ruled Dhingra was not entitled to the insurance money, even if he didn’t mean to kill his wife.
“(Dhingra) committed second-degree murder,” Pollak ruled. “Even though he was found not criminally responsible, he still physically committed the crime.”
Relying on a handful of relevant cases, the Appeal Court decided Pollak was wrong to discount Dhingra’s mental state.
more
Toronto News: Insane killer entitled to victim
