Andrew L. Tam

The plaintiff brought a motion for summary judgment seeking indemnification under a commercial insurance policy for cellphone stock allegedly damaged by a toilet backup.

The parties had previously engaged in an appraisal process which left a category of 'disputed phones' unresolved due to sample testing.

The court dismissed the plaintiff's motion and the defendant's request for a 'boomerang' summary judgment, finding a genuine issue requiring a trial because there was no evidence regarding the existence or absence of damage to the disputed phones.

The defendants brought a motion to set aside a default judgment entered against them regarding a failed real estate transaction.

They argued they were not properly served with the statement of claim and were noted in default one day early.

The court found that while personal service was not effected and the noting in default was premature by one day, the defendants had actual notice of the claim and failed to act promptly or present a tenable defence.

The court exercised its discretion to validate service and dismissed the motion to set aside the default judgment.