2 total
Arbitration application dismissed as vexatious after applicant's death and family's failure to appoint estate trustee.
The applicant was involved in a motor vehicle accident and applied for arbitration regarding accident benefits.
The applicant passed away shortly after mediation.
Despite numerous adjournments over two years to allow the applicant's family to appoint an estate trustee, no steps were taken.
The insurer requested the application be dismissed.
The arbitrator dismissed the application under Rule 68.1 of the Dispute Resolution Practice Code, finding that the failure to advance the claim rendered it vexatious and caused an onerous effect on the insurer.
Leave to appeal a denial of summary judgment was granted because the motion judge erroneously required irrelevant evidence and deferred a coverage issue to trial.
The Personal Insurance Company sought leave to appeal a motion judge's denial of summary judgment in a tort action.
The motion judge had found the summary judgment motion premature, requiring evidence of "other uninsured vehicles" and deferring coverage issues until trial.
The Superior Court granted leave to appeal, finding good reason to doubt the correctness of the motion judge's decision because the evidence sought was irrelevant to the issues and deferring coverage issues until trial was problematic.
The court also found the appeal involved matters of province-wide importance regarding uninsured coverage under the Insurance Act.
