The appellant school bus operator appealed the dismissal of its motion for a declaration that its insurer had a duty to defend it in the main action.
The underlying action alleged the operator failed to ensure a student was safely on board, resulting in severe weather exposure and amputation.
The Court of Appeal allowed the appeal, finding a possible duty to indemnify under the policy, which triggered the duty to defend.
The court dismissed the request for separate representation, finding no sufficient conflict on the pleadings, but awarded the appellant solicitor-and-client costs until the insurer takes over the defence.
