3 total
Summary judgment granted declaring defendant not the owner of a vehicle registered using his stolen identity.
The plaintiffs brought an action for damages arising from a motor vehicle accident involving a BMW registered to the moving party.
The moving party brought a motion for summary judgment seeking a declaration that he was not the owner of the BMW, arguing his identity had been stolen and used to fraudulently register the vehicle and obtain insurance.
The court granted the motion, finding no genuine issue requiring a trial.
The court accepted the moving party's evidence that he never purchased, owned, or registered the vehicle, nor applied for insurance, thereby rebutting the presumption of ownership under the Highway Traffic Act.
The court ordered the responding parties to deliver full and final releases as an implied term of their settlement agreement.
Wawanesa Mutual Insurance Company and Wahaj Ahmed brought a motion to compel Romaiya Ahmed, Shi Shang, and Jian Yang to deliver full and final releases following a settlement agreement to dismiss claims against Wawanesa and Wahaj on a 'without costs' basis.
The court found that the delivery of a full and final release is an implied term of settlement unless otherwise agreed, and no such agreement was made.
The court granted the motion, ordering the delivery of the releases.
Leave to appeal denied as the moving party failed to meet the stringent test under Rule 62.02(4).
The moving party, a third-party subcontractor, sought leave to appeal an interlocutory order dismissing its motion for summary judgment.
The underlying action involved a claim for damages resulting from severed power cables during demolition work.
The moving party argued that a full and final release barred the third-party claim for contribution and indemnity.
The Divisional Court dismissed the motion for leave, finding no conflicting decision and no good reason to doubt the correctness of the motions judge's conclusion that a trial was required to determine the parties' intentions regarding the release.
