James B. Davidson

The plaintiff initiated a claim following a car accident.

The defendant, Traveler's Insurance Company, subsequently brought a motion for summary judgment, which proceeded on an uncontested basis as the plaintiff failed to respond.

The court granted summary judgment, dismissing the plaintiff's claim against Traveler's, finding no duty of care owed, a valid full and final release, and that the action was brought in the wrong jurisdiction.

The court also validated service of the motion materials.

The defendant Saad Amjad, a G1 driver, caused a motor vehicle accident injuring plaintiffs Jonathan Caithesan and Christo Delina.

Their respective insurers, Dominion General Insurance Company and Royal & Sun Alliance Insurance Company of Canada, settled the claims and then brought motions for summary judgment on their cross-claims against Amjad for recovery of the settlement payments.

The court found Amjad negligent in operating the vehicle and that the settled damages were reasonable.

The court dismissed Amjad's defence of contributory negligence by the passengers, finding that passenger knowledge of an inexperienced driver or influence to take a car does not constitute contributory negligence.

Summary judgment was granted in favour of both insurance companies against Amjad.