Intact Insurance Company moved for summary judgment to dismiss an action brought by J.P. Towing Service & Storage Ltd. concerning towing and storage fees.
J.P. Towing cross-moved for various declarations and consolidation.
The court dismissed Intact's motion, finding that while most of J.P. Towing's claims (vexatious litigant, prohibitive order, consolidation, and monetary/punitive damages) were not viable, its claim for a declaration that the daily storage rate of $70.00, as determined in a prior Small Claims Court decision (Sherwood), was res judicata against Intact, was valid.
The court allowed J.P. Towing's cross-motion and granted summary judgment on this specific declaration, holding that Intact was bound by the Sherwood decision regarding the daily storage rate when acting on behalf of its insureds.
