Dana Hyeseung Yoon

The defendant brought a motion for summary judgment in a motor vehicle accident case involving a dispute over who had the green light.

The plaintiff, who was self-represented, did not attend the hearing or file responding materials.

The court considered the defendant's evidence, including an affidavit from an off-duty police officer who witnessed the accident, which established that the defendant had the green light.

The court found the plaintiff's discovery evidence, which contradicted the defendant's evidence, to be implausible and unsupported.

The court granted summary judgment and dismissed the action, awarding costs to the defendant.

Intact Insurance Company appealed an arbitrator's decision in a priority dispute over statutory accident benefits.

The claimant was injured in a vehicle driven by his father, whose insurance policy with Intact had been cancelled for non-payment prior to the accident.

The father was subsequently convicted of operating a motor vehicle without insurance.

The arbitrator ruled that Federated Insurance Company could relitigate the father's uninsured status, finding the abuse of process doctrine did not apply.

On appeal, the Superior Court of Justice overturned the arbitrator's decision, holding that under s. 22.1 of the Evidence Act, the conviction was proof of the offence absent evidence to the contrary, which Federated failed to provide.

The court found the arbitrator erred in law by misapplying the abuse of process doctrine and its exceptions.