Brandon Straitman

The defendants brought a motion for leave to appeal the order of Baltman J. dated November 29, 2019.

The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding party in the amount of $5,222.67.

The appellant purchased a damaged vehicle at an auction on an 'as-is' basis, later discovering it was allegedly branded incorrectly.

He sued the auctioneer and the insurance company for negligent misrepresentation in Small Claims Court.

The motion judge struck the claim under Rule 12.02, finding no reasonable prospect of success because the appellant could not prove reasonable reliance given the clear disclaimers and his own mechanic's inspection.

The Divisional Court dismissed the appeal, finding no palpable and overriding error in the motion judge's decision.

The intervener insurer brought a motion to determine whether it could deny coverage based on an Excluded Driver Endorsement signed by the defendant driver.

The court found that the form used by the insurer was not the standard form approved by the Superintendent of Financial Services, as it failed to list the specific vehicles to which the exclusion applied.

Furthermore, the insurer failed to prove it had delivered a copy of the endorsement to the insured upon renewal.

The court held the insurer could not rely on the unapproved form and is obligated to defend and indemnify the defendant.