3 total
Insurer ordered to pay 50% of settlement costs after remaining active in litigation to minimize its underinsurance exposure.
Following a tragic incident where the defendant intentionally drove her vehicle into a river, killing two children, civil actions were commenced.
The defendant's insurer, Aviva, denied liability coverage but was required to pay the statutory minimum.
The plaintiff's underinsurer, State Farm, settled the plaintiff's claim and brought a motion seeking an order that Aviva pay 50% of the costs of that settlement.
The court granted the motion, finding that because Aviva remained an active participant in the litigation to maximize its credit on a separate underinsurance claim, it should share the costs burden equally with State Farm.
Appeal of jury's liability apportionment dismissed as verdict was not plainly unreasonable or unjust.
The appellant appealed a jury verdict that apportioned liability 90% to the appellant and 10% to the respondent.
The Court of Appeal applied the rigorous test for setting aside a civil jury verdict, which requires the verdict to be so plainly unreasonable and unjust that no jury acting judicially could have reached it.
Finding the apportionment decision did not meet this threshold, the court dismissed the appeal with costs.
Summary judgment granted on liability for seizure-related pedestrian collision.
The plaintiff moved for summary judgment on liability arising from a highway collision in which she was struck from behind while walking on the shoulder.
The court applied the post-Hryniak summary judgment framework and held there was no genuine issue requiring a trial on the liability issues.
The driver was found negligent given his undisclosed seizure history, recent seizure, alcohol consumption, late medication use, and breaches of G1 licence conditions.
The court also found negligent entrustment against the defendant who allowed him to drive and held the vehicle owners vicariously liable under s. 192 of the Highway Traffic Act.
The plaintiff was permitted to proceed to an assessment of damages, and partial indemnity costs were fixed.
