2 total
The court directed a mini-trial to resolve credibility issues regarding insurance coverage in a summary judgment motion.
The plaintiffs sought summary judgment for a declaration that Economical Insurance held a valid and enforceable policy for a vehicle involved in a motor vehicle accident that caused catastrophic injuries to one of the plaintiffs.
Economical brought a cross-motion for a declaration that any claim regarding the accident was invalid and the right of recovery forfeited, citing the insured's failure to disclose material changes in risk, including the driver's G2 license status, a license suspension, and exclusive possession of the vehicle.
The court found that significant credibility issues regarding the driver's residency and vehicle use precluded a determination by summary judgment.
Instead of dismissing the motions, the court directed a "mini-trial" under Rule 20.04(2.2) to resolve these specific factual disputes.
Appeal dismissed; minor variance for pool house setback authorized based on unrefuted expert planning evidence.
The appellant appealed a Committee of Adjustment decision granting a minor variance to reduce the interior side yard setback for an accessory structure (a pool house addition).
The applicant had constructed the addition based on an outdated survey, and a new survey revealed the setback non-compliance.
The Tribunal accepted the unrefuted expert land use planning evidence that the variance met the four tests under section 45(1) of the Planning Act.
The appeal was dismissed and the variance was authorized subject to the original conditions.
