Rachel Rebecca Levitsky

The plaintiff, Edward Sobie, as executor of Stanley Sobie's estate, brought a motion for a status hearing, a timetable, and an extension of time to set the action down for trial, and to reconstitute the action.

The defendants opposed and brought cross-motions to dismiss the action for delay, failure to properly constitute the action, and failure to obtain an order to continue.

The court found that the plaintiff failed to provide an acceptable explanation for the significant delay and did not establish that the defendants would suffer no non-compensable prejudice.

The court also found that the action was not properly constituted from its inception and that the plaintiff failed to obtain an order to continue after the property's transfer.

Consequently, the plaintiff's action was dismissed with costs.

The third party insurer, CAA, brought a motion for summary judgment to determine if the defendant driver, Jeffrey Sorto Torres, was in possession of his father's (Victor Sorto Rivera) vehicle with or without consent at the time of a motor vehicle accident.

The determination would affect Victor's vicarious liability under the Highway Traffic Act and Wawanesa Mutual Insurance Company's uninsured motorist coverage.

The court found that Victor had given implied consent for Jeffrey to possess the vehicle, primarily due to Jeffrey being left in charge of the household and his autistic brother, and the accessibility of car keys.

Consequently, CAA's motion for summary judgment to dismiss the action against Victor Rivera was dismissed.