Heather J. MacDougall

The court dismissed a motion for leave to appeal the order of Justice Lemon dated June 22, 2021.

As no costs submissions were received from the parties, no costs were awarded.

The defendant insurer moved for summary judgment to dismiss the plaintiff's action, arguing it was brought outside the one-year limitation period set out in the Insurance Act and the standard automobile insurance policy.

The plaintiff argued the claim was not for breach of contract, but for breach of the insurer's independent duty of good faith, which is subject to the basic two-year limitation period.

The court dismissed the motion, finding that based on the pleadings, the bad faith claim is separate and distinct from a claim under the insurance contract, and therefore falls outside the one-year limitation period.

The applicant alleged discrimination in employment based on race, colour, place of origin, ethnic origin, and disability after the respondent newspaper refused to publish his volunteer columns.

The respondent argued that the columns were not rejected but required editing for structure and clarity, and that the applicant declined further assignments.

Following a summary hearing by teleconference, the Tribunal found a factual dispute requiring evidence from both parties and directed that the application advance to a full hearing.

The applicant filed a human rights application alleging discrimination in employment based on sex and sexual orientation.

The applicant subsequently filed a Request for Order During Proceedings to add a representative, add a personal respondent, amend the application, file a late reply, and require document production.

At a preliminary hearing, the applicant withdrew the requests regarding the late reply and document production.

The respondents consented to the remaining requests.

The Tribunal granted the requests to add the representative, add the personal respondent, and amend the application on consent.