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Rule 21 motion determines applicable limitation periods and finds municipality strictly liable for drainage works.
The defendants brought a Rule 21 motion to determine questions of law regarding applicable limitation periods and proper parties in an action for damages arising from a municipal drain.
The court held that the limitation period in s. 111 of the Drainage Act applies only to proceedings before a referee, not the Superior Court, meaning s. 45 of the former Limitations Act applied to the plaintiffs' claims.
The court also found that the one-year limitation period under s. 46 of the Professional Engineers Act applied to the claims against the engineering defendants.
Finally, the court determined that under s. 79 of the Drainage Act, the municipality is strictly liable for damages caused by the condition of drainage works, precluding claims against the other defendants.
Statutory condition 6(7) requires an insurer taking salvage to pay actual cash value without deducting the policy deductible.
The appellant's vehicle was damaged beyond repair.
The respondent insurer paid the actual cash value less the policy deductible and took title to the salvage.
The appellant brought an intended class proceeding arguing that statutory condition 6(7) requires payment of the actual cash value without reduction for the deductible when the insurer takes salvage.
The Court of Appeal allowed the appeal, holding that section 234(2) of the Insurance Act makes statutory conditions paramount over conflicting policy terms, including deductibles.
The court also found the appellant was not barred from claiming by signing a proof of loss, and remitted the class certification issue to the motions judge.
