COURT OF APPEAL FOR ONTARIO

CITATION: RBC General Insurance Company v. Enterprise Rent-A-Car Canada Limited, 2013 ONCA 213

DATE: 20130404

DOCKET: C56255

Winkler C.J.O., Weiler and Laskin JJ.A.

BETWEEN

RBC General Insurance Company

Applicant (Appellant)

and

Enterprise Rent-A-Car Canada Limited and Ace Ina Insurance

Respondents (Respondents)

Bruce R. Mitchell, for the appellant

Heather J. Vaughan, for the respondents

Heard: April 2, 2013

On appeal from the order of Justice Henry Vogelsang of the Superior Court of Justice, dated October 19, 2012.

APPEAL BOOK ENDORSEMENT

[1] The question here is which insurer responds first when there is a tort action in Ontario. This is not a question of contractual interpretation between Enterprise and the renters of the car, Mrs. D’Costa, or her husband, an approved driver. The question of priorities is governed by Ontario Bill 118, which amended the Insurance Act.

[2] The relevant section of the Insurance Act applies to “any available motor vehicle liability policies” and does not limit the policies under consideration to Ontario policies. Pursuant to the statute, RBC is required to respond first.

[3] Accordingly, the appeal is dismissed. Costs are agreed at $7,500, inclusive of all applicable taxes and disbursements to the respondents.