Court File and Parties

CITATION: Landa v. Dominion of Canada General Insurance Co., 2021 ONSC 8402

DIVISIONAL COURT FILE NO.: 498/21

DATE: 20211221

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: MARINA LANDA, Applicant/Moving Party

AND: THE DOMINION OF CANADA GENERAL INSURANCE COMPANY, Respondent

BEFORE: Nishikawa J.

COUNSEL: Marina Landa, in person Valerie Crystal, for the Licence Appeal Tribunal Chris McCormack, for Dominion of Canada General Insurance Company

HEARD at Toronto: December 21, 2021 (by teleconference)

Endorsement

[1] A case conference was held today on the Moving Party’s motion for an extension of time to file an application for judicial review of the decision of the Licence Appeal Tribunal (LAT) dated October 21, 2020 and the reconsideration decision dated December 23, 2020 (together, the “Decisions”).

[2] At the previous hearing, Ms. Landa was asked to confirm at the next appearance whether she intended to proceed by judicial review or by appeal, given this court’s decision in Yatar v. TD Insurance Meloche Monnex, 2021 ONSC 2507 (Div. Ct.).

[3] Ms. Landa advised today that she will proceed by appeal, provided that the Respondents do not oppose an extension of time to file the notice of appeal and if the application for judicial review can be held in abeyance pending the outcome of her appeal and/or a decision of the Court of Appeal in Yatar. Counsel for the LAT advised that Yatar is scheduled to be heard by the Court of Appeal in April 2022.

[4] The LAT takes no position on the question of whether an extension of time should be granted in the circumstances. The Respondent, the Dominion of Canada General Insurance Company (“Dominion”), does not oppose an extension of time. Dominion does not oppose the judicial review application being held in abeyance but expresses a concern about duplicative proceedings, especially if the judicial review application proceeds after Ms. Landa’s appeal and before a decision of the Court of Appeal in Yatar.

[5] Based on the parties’ respective positions and the discussion at the case conference, the following terms are ordered:

(a) The motion for an extension of time for Ms. Landa’s application for judicial review is granted;

(b) Ms. Landa is granted an extension of time to file a notice of appeal of the Decisions;

(c) Ms. Landa shall file her notice of appeal, appeal book and compendium within 60 days of today’s date; and

(d) The application for judicial review (Court File 498/21) shall be held in abeyance until the completion of the appeal of the decisions and a decision of the Court of Appeal in Yatar.

[6] All materials should be prepared and filed in accordance with the Notice to Profession – Divisional Court, which can be found at https://www.ontariocourts.ca/scj/notices-and-orders-covid-19/div-ct-feb2021. The guide to appeals before the Divisional Court can be found at https://www.ontariocourts.ca/scj/files/pubs/guide-div-ct-judicial-appeals-EN.pdf.

“Nishikawa J.”

Date: December 21, 2021