Melissa Miles

The applicants, victims of extensive fraud involving forged cheques and unauthorized online banking, sought a declaration that their insurer, State Farm, was obligated to provide coverage.

While State Farm accepted coverage for losses from forged cheques, the central issue was whether losses from unauthorized online banking transactions fell under the policy's "Forgery or Alteration" clause.

The court determined that online banking transactions were analogous to a direct transfer of money, not a promise to pay money, and therefore did not fall within the scope of the "Forgery or Alteration" clause.

The application for coverage of online banking losses was dismissed.

The plaintiff, York Region Vacant Land Condominium Corporation No. 1010, brought a motion for leave to file a Fresh as Amended Statement of Claim, including the addition of a new defendant, Patrick Greco.

The defendants opposed certain proposed amendments, arguing they were scandalous, irrelevant, or pleaded evidence.

The Master granted leave to amend the statement of claim and add the new defendant, but struck paragraphs 8, 95, and 102-105 from the proposed pleading, finding them to be scandalous references, irrelevant, or improper pleadings of evidence.

The plaintiff, Silani Sweet Cheese Limited, brought a motion under Rule 51.05 of the Rules of Civil Procedure for leave to withdraw deemed admissions under Rule 51.03 and for an order extending the time to serve a response to a request to admit.

The defendant, Aviva Insurance Company of Canada, opposed the motion.

The court applied the three-part test for withdrawing admissions, finding that there was a triable issue, the failure to respond was inadvertent, and the withdrawal would not result in uncompensable prejudice to the defendant.

The motion was granted, allowing the withdrawal of deemed admissions and extending the time for the plaintiff to serve a proper response, with no costs awarded.

The defendant insurer, Compagnie d'Assurance Traders Generale ("Traders"), brought a motion for summary judgment seeking a declaration that Justin Gough operated Nancy Gough's vehicle with implied consent, thereby making Nancy vicariously liable under the Highway Traffic Act and negating the plaintiff's uninsured automobile claim against Traders.

The court dismissed the motion, holding that "consent" under s. 192(2) of the Highway Traffic Act requires a positive conferral of permission to possess the vehicle, not merely a failure to prevent unauthorized use.

The evidence showed no express or implied consent for Justin to drive the vehicle, as his license was suspended, and he took the keys without permission.