Harvey Poss

The appellant appealed a trial judgment regarding liability for a fire, arguing the trial judge erred in qualifying the respondent's causation expert, apportioning liability, and denying an adjournment request on the first day of trial.

The Court of Appeal dismissed the appeal, finding the expert's practical experience sufficient for admissibility, upholding the contributory negligence apportionment, and finding no error in the discretionary refusal of the adjournment given the history of prior indulgences granted to the appellant.

The appellant, CGU Insurance Company of Canada, appealed a judgment finding its policy to be a primary policy.

The Court of Appeal agreed with the lower court, refining the determination to classify the CGU policy as a primary policy with an excess coverage clause.

The court confirmed that a primary policy with excess coverage ranks ahead of a true umbrella policy, such as the Lombard policy.

The court also rejected arguments regarding standing and the appropriateness of proceeding by application.

The appeal was dismissed with a minor variation to the judgment's wording.

IARW Insurance Company Limited settled a claim against its insured, Trenton Cold Storage Limited, and sought contribution from St. Paul Fire and Marine Insurance Company, which had issued an umbrella excess liability policy to Trenton.

The trial judge found both insurers liable to share the settlement and costs equally.

On appeal, the Court of Appeal held that IARW's policy provided primary coverage, while St. Paul's policy was a true umbrella policy providing only excess coverage.

As IARW's primary limits were not exhausted, St. Paul had no obligation to contribute to the settlement or the defence costs.

The appeal was allowed and the cross-appeal dismissed.