The court considered a motion by the Crown in Right of Ontario (on behalf of the OPP) to dismiss all claims against it for lack of notice under the Crown Liability and Proceedings Act, and a cross-motion by Certas Home and Auto Insurance to compel further discovery.
The court struck the plaintiff’s claim against the Crown for lack of notice but allowed Certas’ crossclaim to continue, holding that the statutory notice requirement does not apply to crossclaims.
The court also ordered Constable Khabra to re-attend for discovery to answer questions arising from undertakings, and addressed the requirements for Crown witness designation.
Costs were fixed in favour of Certas.
