I. Caley Ross

The defendant brought a motion for summary judgment to dismiss the claims against him arising from a three-way motor vehicle accident.

The defendant brought the motion before submitting to discovery and relied solely on a lawyer's double-hearsay affidavit rather than providing his own direct evidence.

The court dismissed the motion, finding that the record was insufficiently developed to permit a fair and just determination of the issues on the merits, and drew an adverse inference from the defendant's failure to provide his own evidence.

An insurer appealed an arbitrator’s refusal to dismiss a statutory loss transfer application brought approximately 11 years after a motor vehicle accident.

The court held that the application was not barred by the two‑year limitation period under s. 5(1)(b) of the Limitations Act, 2002 because the limitation period runs from the day after a first‑party insurer requests indemnity from the second‑party insurer.

However, the court found that the equitable doctrine of laches can apply to delayed statutory loss transfer claims where the scheme possesses an equitable character.

The court further held that acquiescence constitutes a stand‑alone branch of laches and does not require proof of prejudice.

The first‑party insurer’s lengthy and unexplained delay, combined with knowledge of its claim, amounted to acquiescence and barred the loss transfer claim.