Allstate Insurance Company of Canada brought a motion seeking to dismiss Jamie Patino's application as premature or an abuse of process, or alternatively, to narrow its scope.
Patino's application sought declarations regarding Allstate's duty to defend and indemnify him following a motor vehicle accident, particularly concerning an alleged material misrepresentation about vehicle use.
The court denied Allstate's motion to dismiss, finding the application neither premature nor an abuse of process if strictly limited to specific legal questions.
The court ordered that the application would focus on whether Allstate could deny indemnification despite not voiding the policy, and whether a finding of misrepresentation would alter this.
Leave was granted for Patino to amend his application to seek declarations regarding his right to counsel of choice and to direct his defence in a related action.