Daniel Fenwick

The defendant insurer brought a motion to dismiss the plaintiff's action against it.

The plaintiff, who was involved in a fatal collision with a pedestrian, sued his insurer for the alleged negligence of an unidentified driver.

The court found that the plaintiff failed to plead that the unidentified driver caused or contributed to his damages, having expressly pleaded that his losses were caused entirely by the pedestrian and the city.

The court dismissed the action against the insurer, as it was plain and obvious the claim could not succeed without pleading causation.

The applicant, Elisha Remilekum Eniolorunda (formerly Shearer), moved to set aside a default judgment of $110,000 obtained against her in a motor vehicle accident action.

She argued she was never properly served with the Statement of Claim and was unaware of the proceedings.

The Minister of Finance, having paid the judgment from the Motor Vehicle Accident Claims Fund due to the applicant's uninsured status, defended the judgment.

The court found that the applicant and the vehicle owner were uninsured, which entitled the Minister to step into the proceedings, file a defence on her behalf, and consent to judgment.

The Minister's actions were deemed those of the defendant under the Motor Vehicle Accident Claims Act.

The court dismissed the motion, finding no basis to set aside the judgment, noting that the applicant's proposed defence was essentially what the Minister had already advanced.

The court also highlighted the statutory recourse available to the applicant for license restoration and payment negotiation.