The appellant's vehicle was damaged in a motor vehicle accident for which she was not at fault.
Her insurer paid for the repairs, but she brought a Small Claims Court action seeking additional compensation for the diminished value of her vehicle.
The trial judge dismissed the action, finding that the insurer had validly exercised its right to repair the vehicle under section 6.6 of the standard Ontario Auto Policy (OAP) rather than pay for the damage.
On appeal, the Divisional Court upheld the trial judge's decision, concluding that the insurer's failure to provide formal written notice did not vitiate its election to repair, and that the insurer fulfilled its contractual obligation by paying for the repairs.
