2 total
Judo club remained a member of provincial association despite unpaid fees; respondent insurer liable for coverage.
The appellant insurer sought contribution from the respondent insurer for a $2.75 million settlement paid to a student injured at a university judo club.
Coverage under the respondent's policy depended on whether the club was a 'member club' of the provincial judo association at the time of the accident.
Although the club had not paid its annual fees, the Court of Appeal found that under the association's by-laws, membership continues until formal suspension or expulsion.
Since no such action was taken, the club remained a member, and the respondent's policy provided coverage.
The appeal was allowed.
Motion for interim benefits granted; uncontroverted medical evidence of brain injury outweighed insurer's surveillance evidence.
The applicant was injured in a motor vehicle accident and received weekly income benefits for approximately 158 weeks before the insurer terminated them.
The applicant brought a motion for interim benefits pending a full arbitration hearing.
The arbitrator found that the applicant had established a persuasive case for entitlement based on uncontroverted medical evidence of a severe brain injury, which outweighed the insurer's surveillance evidence.
The arbitrator also found that the applicant demonstrated financial necessity, as his sole income was General Welfare Assistance and he faced eviction.
The motion for interim benefits was granted.
