3 total
Summary judgment denied on limitation period and duty of care for police liability in pedestrian collision.
The plaintiff was struck by a car while walking home on a highway after a New Year's Eve party.
He sued the driver and later commenced a second action against the OPP and others.
The Crown (HMK) moved for summary judgment, arguing the second action was a nullity for lack of notice under the Proceedings Against the Crown Act, and that a third action commenced after proper notice was statute-barred.
The court granted summary judgment dismissing the second action as a nullity but dismissed the motion regarding the third action, finding the plaintiff rebutted the presumption of discovery on the date of the accident.
The court also found a genuine issue for trial regarding whether the police owed a private law duty of care to the plaintiff given their knowledge of the party and intoxicated pedestrians on the highway.
Time to file insurer's response extended nunc pro tunc; applicant awarded expenses for preliminary motion.
The applicant sought to exclude the insurer from participating in the arbitration because it filed its response 12 days late.
The insurer brought a motion to extend the time to file its response under Rule 81 of the Dispute Resolution Practice Code.
The arbitrator found the delay was unintentional, the insurer had a potential defence on the merits, and the applicant suffered no prejudice.
The arbitrator extended the time for the insurer to file its response nunc pro tunc.
The applicant was awarded her expenses for the preliminary issue hearing in the amount of $532.44 plus GST.
Arbitration dismissed and solicitors removed from record after applicant abandoned the proceeding.
The applicant commenced an arbitration for statutory accident benefits but subsequently failed to participate or provide instructions to her counsel.
Her solicitors brought a motion to be removed from the record, and the insurer brought a motion to dismiss the arbitration.
The arbitrator granted both motions, removing the solicitors from the record and dismissing the arbitration as frivolous and vexatious due to abandonment.
The insurer was awarded $1,000 in expenses.
