Donald J. Ross

The respondents brought a motion for security for costs against the appellant.

Following the hearing of the motion, the parties were unable to resolve the issue of costs.

The Court of Appeal awarded costs of the motion to each of the moving parties on a partial indemnity basis, fixed at $7,500 each, payable by the responding party.

The respondents brought a motion for security for costs of the appeal.

The appellant argued the issue was res judicata because a pre-trial motion for security for costs had been dismissed.

The Court of Appeal rejected the res judicata argument, noting that the circumstances before and after a trial are different.

The court found that the appellant, a foreign corporation, failed to discharge its burden of proving it lacked access to funds to post security.

The motion was granted, and the appellant was ordered to post $120,000 in security for costs.

The insured struck a pedestrian in a strip mall parking lot while driving alone, contrary to her G1 licence conditions.

She pleaded guilty to Highway Traffic Act offences.

Her insurer denied coverage, arguing she was not 'authorized by law' to drive under Statutory Condition 4(1).

The Court of Appeal held that the guilty pleas did not create issue estoppel in the civil action due to the minor stakes of the traffic tickets compared to the civil suit.

Furthermore, the parking lot was not a 'highway' under the Highway Traffic Act, meaning the graduated licensing restrictions did not apply at the time of the accident.

The insurer was ordered to defend and indemnify the insured.

The appellant appealed an order dismissing its motion to set off amounts it owed to the respondent against amounts the respondent owed to it.

The respondent's insurer had fully indemnified the respondent for its property losses and claimed the amount owed by the appellant through subrogation.

The Court of Appeal dismissed the appeal, affirming that amounts owed by an insured to a creditor cannot be set off against amounts owed by the creditor to the insured because, due to subrogation, the claims do not exist in the same right.