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.

The applicant sought legal expenses following an arbitration decision where he was awarded $5,067 plus interest for medical services, but denied caregiver and housekeeping benefits.

The insurer argued both parties should bear their own costs due to divided success.

The arbitrator found the applicant achieved a significant degree of success and had served a reasonable offer to settle for $10,000 inclusive of costs, which he beat at arbitration.

The arbitrator also noted the insurer's late production of surveillance evidence prolonged the hearing.

The applicant was awarded $7,266.65 in legal expenses and disbursements.

Following an arbitration decision where the applicant was partially successful in claiming statutory accident benefits, both parties sought their expenses.

The arbitrator found that the applicant's success was significant to her, and denying expenses would undermine the consumer protection purpose of the Insurance Act.

The applicant was awarded her expenses at the Legal Aid rate, totaling $6,092.02 for the arbitration and $500.00 for the expense hearing.

The insurer's claim for expenses was dismissed.