Eric Freedman

The applicant sought a declaration of entitlement to insurance coverage after her insurer denied her claim.

The applicant had permitted her common-law spouse, whose license had been suspended for 20 years, to drive her vehicle after she felt too ill to continue driving.

The spouse subsequently caused an accident.

The court dismissed the application, finding that the applicant's decision to let her unlicensed and incapable spouse drive was unreasonable and not born of necessity.

Consequently, the applicant could not rely on a due diligence defence or obtain relief from forfeiture under the Courts of Justice Act.

The litigation involves a dispute over property owned by an unincorporated association following the expulsion of several members.

Motions were brought to declare the membership of the association and to dismiss the involvement of both the unincorporated and newly incorporated associations for lack of standing.

The court dismissed the motion for a declaration of membership, finding that factual disputes required a trial.

The court also dismissed the proceedings involving both associations, holding that the unincorporated association is not a legal entity capable of suing or being sued, and the corporate association has no interest in the litigation.