Michael Edward Key

The Plaintiff, Old Republic Insurance Company of Canada (ORIC), brought a motion seeking a further and better affidavit of documents from the Defendant, Jerry Van Dyke Travel Service Ltd. (JVD), regarding trips cancelled due to the COVID-19 pandemic.

ORIC, an insurer, sought documents related to payments retained by JVD from customers and correspondence between JVD and the Travel Industry Council of Ontario (TICO).

ORIC argued these documents were relevant to its claims of unjust enrichment, breach of trust, and the application of statutory obligations under the Travel Industry Act, particularly concerning coordination of benefits.

JVD opposed, arguing the requests were premature or sought non-existent documents, and that TICO communications were irrelevant.

The court granted ORIC's motion, finding that information on retained payments, even if requiring generation from JVD's electronic systems, constituted a relevant 'document' under the Rules of Civil Procedure, and that TICO communications were relevant to the interpretation and application of the Travel Industry Act, regardless of their binding nature on the court.

JVD was ordered to produce the requested documents.

The appellant appealed a motion judge's decision dismissing his motion for a declaration that the respondent insurer had a duty to defend him against his daughter's negligent parenting claim.

The appellant was an occupant of a vehicle driven by an impaired driver at the time of the alleged injury.

The Court of Appeal held that the appellant was not covered under the automobile insurance policy because his liability did not arise from the use or operation of the automobile, but rather from his parenting decisions.

The plain language of section 239(1)(a) of the Insurance Act requires that an occupant's liability must arise from the use or operation of the automobile to be covered.

The defendants, Lauren Stephen (Son) and Brenda Stephen (Mother), brought separate motions for summary judgment to dismiss claims against them arising from a motor vehicle collision.

The Son, who caused the collision, argued he was not civilly liable due to a mental disorder at the time.

The Mother argued she was not vicariously liable as the Son lacked her consent to possess her vehicle, and denied negligence in her supervision or control of the vehicle keys.

The court granted both motions, finding the Son met the Buckley test for mental illness in negligence, and the Mother was neither vicariously liable nor negligent, as she did not give consent and could not have foreseen the Son's actions.

The plaintiff, Bradley Clayton Hunt, moved for a declaration that he was an "insured person" under the Insurance Act and that the defendant, Peel Mutual Insurance Company, was obligated to defend and indemnify him.

This arose from a motor vehicle collision where Hunt and his daughter were passengers.

Hunt's daughter subsequently sued him, alleging negligent parenting.

The defendant insurer denied coverage, arguing that the allegations of negligence against Hunt did not involve the "use or operation" of the vehicle as required by section 239 of the Insurance Act.

The court dismissed the plaintiff's motion, finding that there was no direct or proximate causal relationship between Hunt's alleged negligent acts (negligent parenting) and the use or operation of the vehicle, thus not triggering the duty to defend.

The plaintiffs initiated an action for injuries sustained by Vladislav Bukshtynov at McMaster University's indoor track, claiming $1.1 million in damages.

A jury found the Flying Angels Running Club and George Kerr 60% liable, Vladislav Bukshtynov 40% contributorily negligent, and McMaster University and Hwang Lee not liable.

Damages were assessed at $101,885.

This judgment addresses costs, considering Rule 49 offers and the plaintiff's litigation conduct.

The court denied the plaintiffs' request for a Sanderson order, finding the plaintiff's conduct, particularly the failure to secure ATE insurance and refusal to settle, to be irresponsible.

The court awarded partial indemnity costs to the plaintiffs up to the date of the defendants' Rule 49 offers, and partial indemnity costs to all defendants from that date until a mid-trial pretrial recommendation, followed by substantial indemnity costs to all defendants thereafter.

The plaintiffs were ordered to pay McMaster University $95,000 and the Flying Angels Running Club, George Kerr, and Hwang Lee $69,156.

The defendants Flying Angels Running Club and George Kerr were ordered to pay the plaintiffs $43,108, to be deducted from the amounts owed by the plaintiffs.