CITATION: Fedele v. The Wawanesa Mutual Insurance Company, 2010 ONCA 734
DATE: 20101102
DOCKET: C51435
COURT OF APPEAL FOR ONTARIO
Laskin, Armstrong and Juriansz JJ.A.
BETWEEN
Anthony Fedele, Iveta Cizmarikov,
Raymond Vitellaro and Munner Yoseph
Plaintiffs
and
The Estate of Paul J. Burke, as represented by John Lockhart
acting as Litigation Administrator, Katherine Hudson,
Munner Yoseph, 1586430 Ontario Inc., Operating as
Eleven Eleven Taxi and Limousine,
The Wawanesa Mutual Insurance Company,
Toronto Police Services Board, John Doe 1 and John Doe 2,
The Estate of Paul J. Burke, as represented by Harvey Spring
acting as Litigation Administrator, John/Jane Doe,
Toronto Police Service Chief of Police William Blair,
John Doe Officer, John Doe Dispatcher, John Doe Owner,
Lombard Canada Ltd., Lombard Insurance Company,
Lombard Insurance Company of Canada
Defendants (Appellant)
and
The Dominion of Canada General Insurance Company,
added by Order pursuant to Section 258 (14) of the Insurance Act
Statutory Third Party (Respondent)
Ryan J. Coughlin, for the appellant
Christopher I.R. Morrison and Scott Frew, for the respondent
Heard: October 29, 2010
On appeal from the judgment of Justice Alison Harvison Young of the Superior Court of Justice, dated November 18, 2009.
APPEAL BOOK ENDORSEMENT
[1] The motion judge took a good hard look at the merits of the case and concluded that there is no genuine issue for trial on whether Ms. Hudson was an owner. We are not persuaded that we have any basis to interfere with her conclusion. We think that the facts she recited at para. 6 of her endorsement support her decision.
[2] Moreover, we agree with Dominion that Wawanessa has no standing to pursue this claim. Wawanessa is subrogated to the rights of the plaintiff only if it has paid its insured. It has not done so.
[3] Accordingly, either on the merits or the issue of standing, this appeal is dismissed. Dominion is entitled to its costs in the agreed-upon amount of $7,500, all inclusive.