The City of Toronto requested a case conference to schedule a hearing for a duty to defend application against its maintenance contractor and the contractor's insurer, arising from a slip and fall action.
The plaintiff in the main action argued the issue should be determined by a motion in the existing action and expressed concern about trial delay.
The court directed the matter to proceed by way of motion, found there was sufficient time without jeopardizing trial dates, and set a timetable for the motion.
