Odette Fraser

April Canada Inc. brought a summary judgment motion to dismiss the action initiated by The Lion Bar & Grill Ltd. and Thanushan Balasingham.

The plaintiffs had sued April Canada Inc., an insurance wholesaler, and another defendant for damages arising from a fire loss, despite having received full compensation from the actual underwriters.

April Canada Inc. argued it was not a proper party as it was merely an intermediary with no contractual relationship with the plaintiffs, and that the plaintiffs had been fully paid for their covered losses.

The plaintiffs failed to file responding materials or appear to oppose the motion.

The court granted summary judgment, dismissing the action against April Canada Inc. with costs.

The plaintiff brought a motion for leave to amend the statement of claim to add a claim for punitive damages against a defendant who rear-ended the plaintiff's vehicle while impaired.

The defendant opposed the amendment, arguing she had already paid her debt to society through a criminal conviction and fine.

The court granted the motion, noting that a prior criminal penalty is a factor to consider but not an absolute bar to punitive damages, and found no non-compensable prejudice to the defendant.