Court of Appeal for Ontario
Judges: Huscroft, Dawe and Wilson JJ.A.
Between:
Monteith & Sutherland Limited Applicant (Respondent)
and
Novex Insurance Company Respondent (Appellant)
Counsel:
Mark Barrett, for the appellant
Cody Dolgay and Marco Falco, for the respondent
Heard and rendered orally: June 2, 2026
On appeal from the judgment of Justice Charles C. Chang of the Superior Court of Justice, dated August 15, 2025, with reasons reported at 2025 ONSC 4697.
Reasons for Decision
1The parties agreed to proceed by application on the basis that there is no dispute as to the underlying facts. The application judge made no error in proceeding on this basis.
2Nor did the application judge err in finding that the respondent did not breach its duty to cooperate. It was open to the application judge to find that there was no substantial breach of the duty to cooperate: Ruddell v. Gore Mutual Insurance Company, 2019 ONCA 328, 42 M.V.R. (7th) 14.
3Finally, the application judge did not err in interpreting the curative provision to permit notice to be given in the next policy period in the absence of any prejudice to the insurer.
4The appeal is dismissed.
5The respondent is entitled to costs in the agreed amount of $79,100, all inclusive.
"Grant Huscroft J.A."
"J. Dawe J.A."
"D.A. Wilson J.A."