Des Rosiers

The appellant insurer appealed an arbitral award determining it was the priority insurer liable to pay statutory accident benefits to the claimant.

The arbitrator found the claimant was a 'deemed named insured' under the appellant's policy because the vehicle he was driving, owned by his mother, was made available for his regular use by a corporation or 'other entity' (the family farming operation).

The Superior Court of Justice dismissed the appeal, finding no palpable and overriding error in the arbitrator's factual findings or legal interpretation of the deeming provision.

The defendants brought motions to set aside a Mareva injunction obtained ex parte by the plaintiffs in the context of a dispute over loans allegedly obtained through a Ponzi scheme.

The court found that the plaintiffs failed to make full and frank disclosure on the ex parte motion.

Although the plaintiffs established a strong prima facie case of civil fraud against the primary defendant based on false representations regarding a guarantee, they failed to establish a real risk of dissipation of assets for either defendant.

The Mareva injunction was set aside.

The plaintiff surety company brought a motion for default judgment against the defendants for reimbursement under an Indemnity and Security Agreement.

The defendants, who were officers and directors of a company that went into receivership, had agreed to indemnify the plaintiff for any losses arising from a Tarion Warranty Corporation Bond.

The plaintiff paid out $690,000 under the bond and incurred $194,570.67 in related expenses.

The court found that the deemed admissions from the defendants' failure to defend, combined with affidavit evidence, established liability.

The court granted default judgment for the full amount claimed, plus pre-judgment interest at the contractual rate of 18%.