Caroline P. Gronke

The appellant, Anjanette Passmore, appealed a Superior Court judgment granting summary judgment in favour of the City of Hamilton, dismissing her claim against the City.

The Court of Appeal found that the motion judge erred by failing to apply the established principles for partial summary judgment, which is appropriate only in rare circumstances.

The court noted that granting partial summary judgment in this case did not result in efficiencies, as the issue was raised late in the proceedings and required adjudication of the same issues and evidence as would be required at trial against the remaining defendants.

The appeal was allowed, and the matter remitted to the Superior Court of Justice for trial.

A lessor of vehicles sought to establish that it was entitled to third-party liability insurance coverage under an automobile insurance policy issued by the respondent insurer.

The dispute centered on whether an OPCF 5 endorsement, which permits lessors to lease vehicles and provides coverage to both lessors and lessees, was part of the Certificate of Automobile Insurance.

The application judge found the endorsement was not part of the policy.

The Court of Appeal reversed, finding that the Certificate contained the phrase "AS PER OPCF 5 FORMS" which the insurer had added to its standard form, and that this language, combined with the commercial context of the transaction, demonstrated the insurer's intent to provide liability coverage to both the lessor and lessee.

The respondent, Old Republic Insurance Company of Canada, brought a motion for leave to deliver an amended factum to withdraw an admission of liability coverage made in its original factum.

The applicant, Coast Capital Equipment Finance Ltd., opposed the motion, arguing prejudice.

The court granted the motion, finding that the interests of justice dictate deciding the underlying application on its merits, not on a solicitor's error, and that the prejudice to the applicant was not so great as to dismiss the motion, especially given prior costs awards.