Alexander J.D. Curry

The moving party brought a motion for leave to appeal a prior decision.

The Divisional Court dismissed the motion for leave to appeal without costs.

The plaintiff brought a motion for summary judgment seeking a declaration that her motor vehicle insurance policy was valid at the time of her accident, alleging she paid her broker in cash before cancellation.

The defendant insurer brought a cross-motion for summary judgment, arguing the policy was properly cancelled for non-payment and that the plaintiff's claim for statutory accident benefits was statute-barred.

The court dismissed both motions, finding that a trial was necessary to assess the credibility of the plaintiff and her husband regarding the alleged cash payment, which constituted a genuine issue requiring a trial.

The parties sought a consent order under Rule 48.14(4) directing the Registrar not to dismiss the action for delay, arising from a 2010 motor vehicle accident.

The court granted the order and issued a brief endorsement interpreting Rule 48.14 ahead of the January 1, 2017 administrative dismissals.

The court clarified that actions dismissed for delay by the Registrar should not contain a costs order, Rule 48.14 does not apply to case-managed actions or applications, and it does not apply to actions that have been stayed.