Erik L. Shum

The applicant sought a declaration that he was entitled to insurance coverage under his policy with Security National Insurance Company following a motor vehicle accident.

The applicant had been driving with an expired driver's license at the time of the accident, which occurred after he suffered a sudden medical episode.

Security National denied coverage on the basis that the applicant was not authorized by law to drive.

The applicant argued he had established the defence of due diligence to the offence of driving without a valid license, alternatively seeking relief from forfeiture.

The court granted the application, finding that the applicant had demonstrated due diligence and was entitled to insurance coverage.

The appellants sought a declaration that their insurer had a duty to defend and indemnify them in an underlying action for misrepresentation related to a property sale.

The application judge dismissed the application, finding no duty to defend.

On appeal, the Court of Appeal found the application judge erred in relying on an "entire agreement" clause to deny coverage for negligent misrepresentation claims.

However, the Court upheld the dismissal on an alternative ground: the appellants' failure to provide prompt notice of the claim to the insurer, which constituted a breach of the policy and was not eligible for relief against forfeiture.

The plaintiff brought a motion under Rule 25.11 to strike three paragraphs from the defendants' Statement of Defence in an action for negligence and defamation arising from a workplace harassment investigation.

The plaintiff argued the paragraphs were irrelevant, argumentative, speculative, and inserted merely for colour.

The court found that paragraphs 9 and 35 were relevant to the defences of justification, fair comment, and causation of damages, and declined to strike them.

However, the court struck paragraph 20, which alleged the plaintiff refused to pay the defendants' invoice, finding it irrelevant to any cause of action or defence.

The motion was granted in part.