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Appeal granted; towing company's sale of vehicle without proper statutory notice under the RSLA was unlawful.
The appellant's vehicle was towed and stored by the respondents following an accident.
A dispute arose over a $2,500 contract cancellation fee, prompting the appellant to apply under section 24 of the Repair and Storage Liens Act (RSLA) for the return of the vehicle.
Before the dispute was resolved, the respondents sold the vehicle without providing the mandatory statutory notice under sections 15 and 17 of the RSLA, relying instead on their standard contract.
The Small Claims Court upheld the respondents' actions under section 23(1)(e).
On appeal, the Divisional Court set aside the decision, finding the respondents illegally contracted out of the RSLA's mandatory notice provisions and improperly used section 23(1)(e) to circumvent the appellant's section 24 rights.
Substantial indemnity costs awarded to insurer due to defendants' deliberate and reprehensible fraudulent conduct.
Following a successful summary judgment motion where the plaintiff insurer established that two defendants participated in a scheme to defraud it, the court determined the costs of the action and motion.
The court found that the defendants' deliberate and reprehensible fraudulent conduct, which precipitated the litigation, justified an award of elevated costs.
The plaintiff was awarded costs on a substantial indemnity basis fixed at $49,232.53.
Summary judgment granted against two defendants for insurance fraud, but denied against a third due to insufficient evidence.
The plaintiff insurer brought a motion for summary judgment against the defendants for fraud and conspiracy arising from a staged motor vehicle accident claim.
The uncontradicted evidence established that two of the defendants orchestrated a scheme to falsely report the driver's identity and submit fraudulent accident benefits and tort claims.
The court granted summary judgment against those two defendants for the amounts paid out by the insurer, but dismissed the motion against the son, finding insufficient evidence of his participation in the fraud.
The court declined to award punitive damages, finding the compensatory damages and prior costs orders sufficient for deterrence.
Partial summary judgment granted declaring bank's settlement of third-party fraud claims constituted direct financial loss.
The plaintiff bank brought a motion for partial summary judgment seeking a declaration that losses it sustained due to an employee's participation in a Ponzi scheme constituted a 'direct financial loss' under its fidelity bond.
The bank had settled multiple third-party claims after victims transferred funds to the bank based on fraudulent representations by the bank's employee.
The court held that the bank received the funds subject to a constructive trust, and suffered a direct financial loss when those funds were credited to unrestricted accounts controlled by the fraudster.
The court found this narrow issue of policy interpretation appropriate for partial summary judgment and granted the declaration.
