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The court issued a case management timetable for five consolidated actions arising from a multi-vehicle collision.
This endorsement outlines a case management order for five consolidated actions arising from a motor vehicle accident.
The court, acting as case management judge, set a timetable for the remaining procedural steps, including the completion of examinations for discovery, answering undertakings, conducting defence medical examinations, and scheduling a mediation.
The order also directed counsel to circulate a draft consent order for trial of the actions together and to advise on the continuation of an action against a specific insurer.
Insurer not required to cover newly acquired vehicle because insured owned another uninsured operable vehicle.
The appellant insurer appealed a motion judge's decision finding that the respondents' newly acquired vehicle was insured as an 'additional automobile' under the Standard Ontario Automobile Policy.
On appeal, the parties agreed to a new fact that the respondent owned another operable vehicle that was not insured by any company.
The Court of Appeal held that the plain wording of section 2.2.1 requires the owner to insure all owned automobiles with the same insurer to trigger the automatic 14-day coverage for an additional vehicle.
Because the respondent owned an uninsured operable vehicle, the precondition was not met.
The appeal was allowed and the insurer was not required to defend or indemnify the respondents.