Aviva Insurance Company of Canada brought a motion to strike the plaintiff towing company's claim against it for vehicle storage fees.
Aviva had denied coverage to its insured, the co-defendant, due to her failure to cooperate and potential breach of statutory conditions regarding an unauthorized driver.
The towing company argued Aviva's negotiations regarding storage fees created an estoppel.
The court found no privity of contract between the towing company and the insurer, and held that the insurer's efforts to minimize damages did not constitute waiver or estoppel.
The claim against Aviva was struck and the action dismissed with costs.
