Jason Paul Anand

The appellants appealed a small claims court decision ordering them to pay $5,628.41 for damage to a rental car provided to the appellant driver as a temporary substitute automobile.

The driver was entirely not at fault for the accident.

The Divisional Court allowed the appeal, holding that section 263(5)(a.1) of the Insurance Act extinguished the rental company's right of action against the driver under the rental agreement because he was not at fault.

The court also rejected the rental company's argument that it could claim directly against the driver's insurer, concluding that the statutory scheme requires the rental company to look to its own insurer for compensation.

Following a summary judgment motion determined in favour of the third parties, the plaintiff sought costs of $2,815.00 from the defendant for preparation and attendance.

The court found that the plaintiff's counsel provided no satisfactory explanation for late service of materials and failed to comply with the agreed timetable.

Consequently, the court awarded reduced costs to the plaintiff, fixed at $763.00 on a partial indemnity scale, covering only the estimated time for attending the motion.

The Third Parties moved for summary judgment to dismiss claims against them arising from a motor vehicle accident.

The Defendant, Samra, brought a cross-motion to amend her Third Party Claim to allege the Plaintiff, Juneja, was the driver.

The court found no genuine issue for trial regarding the Third Parties' liability, concluding Samra was solely responsible for a precipitous left turn.

The summary judgment motion was granted, dismissing the Third Party Claim, and Samra's cross-motion was dismissed as moot.