Donald A. McNeill

The appellants appealed a trial judge's finding that both spouses were named insureds on a property insurance policy at the time of the incident, despite one spouse not residing at the property.

The Court of Appeal dismissed the appeal, holding that the policy's definitions of 'you', 'your', and 'dwelling' were broad enough to permit a spouse who did not occupy the property to be a named insured.

The appellant appealed a summary judgment granted in favour of the respondent regarding liability for payment of bills.

The Court of Appeal upheld the summary judgment, finding no error in the motions judge's conclusion that the parties intended for the respondent to look to the appellant for payment, rather than the Titan group.

The court also found no basis to interfere with the costs award.

The appeal was dismissed with costs fixed at $3,000.

The plaintiff suffered severe brain damage following an unprovoked assault by his brother-in-law at the matrimonial home.

The plaintiff sued his estranged wife and her brother.

Both defendants failed to defend the action and were noted in default.

At the assessment of damages hearing, the trial judge awarded damages against the brother but dismissed the action against the wife, finding no basis for liability.

The Court of Appeal allowed the plaintiff's appeal in part, holding that under Rule 19.02(1), a defendant noted in default is deemed to admit the allegations of fact in the statement of claim, and a trial judge cannot inquire into liability during a damages assessment.

Both defendants were found jointly and severally liable.