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The court set aside a default judgment against an insured, finding an arguable defence regarding the insurer's right to reimbursement and relief from forfeiture.
The defendant, Issa Mohammed Abdulkadir, moved to set aside a default judgment obtained by Gore Mutual Insurance Company.
The judgment was for $125,000 plus costs, representing a settlement paid by the insurer in a prior litigation (Alsop litigation) where the insurer had denied coverage to the defendant and taken a Statutory Third Party position.
The defendant argued he was unaware of the current litigation and believed he was covered.
The court applied the five-factor test for setting aside default judgment from Mountain View Farms Ltd. v. McQueen.
The court found the motion was brought promptly, the defendant had a plausible explanation for not understanding communications, and an arguable defence existed regarding the insurer's right to reimbursement under s. 258(13) of the Insurance Act and a potential claim for relief from forfeiture.
Balancing the prejudice, the court found the prejudice to the defendant was more substantial.
The default judgment was set aside, and the defendant was granted 45 days to file a Statement of Defence.
Jury notice conditionally struck due to COVID-19 delays, subject to reinstatement if jury trials resume.
The plaintiff moved to strike the jury notice in a motor vehicle accident action due to delays caused by the COVID-19 pandemic.
The defendant did not oppose the relief but requested a conditional order.
The court applied the 'middle ground' approach, conditionally striking the jury notice so the trial could proceed as a judge-alone trial, but allowing the jury notice to be automatically reinstated if jury trials resume in Peel Region by the time the case is called.
