Michael Seth Blinick

The plaintiffs brought an action against their insurer, TD Insurance, for various claims including bad faith, breach of contract, and mental distress, stemming from an accident in 2003 and subsequent denial of benefits.

Both parties brought motions for summary judgment, and the plaintiffs also sought to strike the defendant's claim.

The defendant's motion for summary judgment was based on the expiry of the applicable limitation periods under the Limitations Act and the Insurance Act.

The court found that all of the plaintiffs' claims were statute-barred, having been commenced some 12 years after the accident and discovery of the claims.

The court dismissed the plaintiffs' allegations of bad faith and lack of production due to insufficient evidence.

Consequently, the defendant's motion for summary judgment was granted, and the plaintiffs' motions were dismissed.

The defendants brought a motion for summary judgment to dismiss the plaintiffs' claims for damages arising from construction on an adjacent property and a failed retaining wall, or alternatively, to transfer the action to Small Claims Court.

The plaintiffs claimed damages for interference with their home's use and enjoyment, including punitive and aggravated damages.

The court dismissed the defendants' motion, finding that genuine issues requiring a trial existed, particularly concerning punitive damages and the complex nature of the crossclaims.

The court emphasized that partial summary judgment is a "rare procedure" and that the motion did not meet the objectives of proportionality, timeliness, and affordability as outlined in *Hryniak* and *Butera*.

The Ministry of Transportation (MTO) and Brennan Paving & Construction Ltd. (Brennan) brought joint motions for summary judgment to dismiss a Third Party Claim and Fourth Party Claim.

The defendant in the main action had initiated a Third Party Claim against MTO, alleging negligence due to dust and debris on Highway 401 contributing to a motor vehicle accident.

MTO, in turn, issued a Fourth Party Claim against Brennan.

The court granted summary judgment, finding no credible evidence to support the defendant's allegations of dust or debris on the highway.

The defendant's testimony was deemed self-serving and uncorroborated by independent witnesses or official reports.

The court emphasized the proportionality principle in summary judgment and the respondent's obligation to present all available evidence to demonstrate a genuine issue for trial.