The defendant insurer sought leave to appeal a motion judge's dismissal of its motion for summary judgment.
The underlying action involved the interpretation of family protection coverage under an Ontario policy where the at-fault driver was insured under a New Brunswick policy.
The Divisional Court denied leave to appeal, finding no conflicting decisions and no good reason to doubt the correctness of the motion judge's conclusion that a trial was necessary to fully appreciate the evidence and issues, particularly regarding the New Brunswick insurance policy and settlement approaches.
