Jasmina Mrkalj-Skelly

Jake Rowntree brought two motions for summary judgment to dismiss negligence and occupiers liability claims against him arising from a motor vehicle accident.

The claims stemmed from an incident where Regan Brennan, who had alcohol addiction issues, consumed Rowntree's alcohol without permission at his residence and was subsequently asked to leave, later being involved in an accident while intoxicated.

The court dismissed the summary judgment motions, finding a genuine issue requiring a trial due to the absence of crucial evidence from a key witness, Jeff Mailoux, which prevented a fair and just determination of foreseeability and proximity for a duty of care.

The defendant insurer brought a motion for summary judgment dismissing the plaintiff’s action for statutory accident benefits arising from a motor vehicle accident.

The plaintiff sought non-earner benefits under the Statutory Accident Benefits Schedule but had not submitted a timely application for benefits and did not provide a reasonable explanation for the delay of several years.

The court found that the insurer had provided the appropriate accident benefits package and repeatedly advised the plaintiff and his counsel of the need to submit an application.

The evidence demonstrated that no application for benefits was made within the statutory timelines and that the plaintiff lacked any reasonable explanation under the SABS for the delay.

The court held that the insurer suffered prejudice due to the inability to investigate the claim years later and granted summary judgment dismissing the action.