Katarina Germani

The appellant was injured while working as a go-kart race director.

He had signed a waiver releasing the respondents from liability.

The motion judge granted summary judgment dismissing the action based on the waiver.

On appeal, the court found that the appellant was an employee covered under Part X of the Workplace Safety and Insurance Act.

The court held that it is contrary to public policy to allow individuals to contract out of the protections of Part X of the Act.

The appeal was allowed and the summary judgment was set aside.

The receiver of the appellant appealed a motion judge's interpretation of an accounts receivable insurance policy with the respondent insurer.

The motion judge found that buyers' claims for set-off against amounts owing to the appellant constituted a 'dispute' under clause 7 of the policy, which deferred the insurer's liability to pay claims.

The Court of Appeal upheld the decision, finding no ambiguity in the clause and confirming that a dispute is not restricted to claims arising out of the unpaid shipment of goods.

The appeal was dismissed.

In a receivership motion concerning accounts receivable insurance, the moving party sought a declaration that no outstanding disputes remained under the policy so as to trigger payment by the insurer.

The court held that the policy’s Dispute Clause was broadly worded and suspended payment where any legitimate dispute between the insured and the buyer called into question the amount owing, including set-off claims arising from unrelated shipments.

The court rejected the argument that the clause was shipment-specific and found that the policy contemplated an ongoing buyer relationship in which unresolved unrelated complaints could affect the calculation of loss.

The motion was dismissed and costs were fixed in favour of the responding party.