Roderic McLauchlan

The applicant sought judicial review of a Human Rights Tribunal of Ontario (HRTO) decision dismissing his discrimination claim for being filed one day beyond the one-year limitation period.

The HRTO had refused to extend the time limit, finding the delay was not incurred in good faith.

The Divisional Court found this decision unreasonable, noting the applicant had filed a timely complaint with the Canadian Human Rights Commission and moved with reasonable dispatch to file with the HRTO after the federal commission declined jurisdiction.

The HRTO's decision was set aside and the matter remitted for a determination on the merits.

This appeal addresses issues of jurisdiction simpliciter and forum non conveniens in a complex international insurance coverage dispute.

Vale and RSA initiated actions in Ontario seeking coverage for environmental liabilities, primarily in Ontario, after Travelers commenced a similar action in New York.

The motion judge largely found Ontario had jurisdiction and was not forum non conveniens, except for North River.

The Court of Appeal dismissed the insurers' appeals, affirming Ontario's jurisdiction over them, and allowed Vale's appeal, finding Ontario also had jurisdiction over North River.

The court emphasized that a comprehensive general liability insurer underwriting Ontario risks connects itself to Ontario for jurisdictional purposes, and that the "first-to-file" rule does not automatically determine the appropriate forum.

Supplemental reasons issued to correct an error in the court's previous decision (2022 ONSC 12).

The court corrected paragraph 4 to clarify that Lloyds should not have been listed as a party challenging the forum of the action.

Vale Canada and its primary insurer, RSA, brought actions against numerous excess insurers for coverage of environmental remediation costs incurred primarily in Ontario.

Several foreign excess insurers brought motions challenging the jurisdiction of the Ontario court or seeking a stay based on forum non conveniens in favour of an action in New York.

The court found it had jurisdiction over all moving insurers except North River Insurance Company, concluding that the insurers were 'carrying on business' in Ontario by participating in a global insurance program for an Ontario-based company.

The court declined to stay the actions for forum non conveniens, finding Ontario to be the 'centre of gravity' for the dispute.

Claims by Vale Canada against two UK insurers were stayed pending arbitration.

The plaintiffs brought an action against multiple insurers for indemnity regarding environmental damage.

Several foreign defendants failed to deliver statements of defence within the required time limits, and one was noted in default.

The defendants sought an extension of time to defend or bring jurisdictional motions, arguing the court should wait for the outcome of a parallel proceeding commenced by one of the insurers in the United States.

The court refused to delay the Ontario proceeding, finding no prejudice to the defendants in requiring them to respond timely, and ordered the defendants to deliver their statements of defence or motion records by a specified deadline.

In the CCAA proceedings of Laurentian University, the applicant sought an order regarding a Compensation Claims Process.

On consent, the court deferred relief related to Third Party RHBP Claims to a subsequent hearing, ordering that the deadlines and procedures in the Compensation Claims Process Order would not apply to those claims at this time.

The remaining unopposed relief was granted.

The moving party sought leave to appeal the dismissal of its motion for summary judgment.

The Divisional Court dismissed the motion for leave to appeal, noting that the underlying decision was interlocutory and the final rights of the parties would be determined at trial.

The court emphasized that appellate review would be available later on a full record, and extensive interlocutory appeals cause unnecessary delay and cost.

The court also set a timetable for the remaining steps to ready the matter for trial.

On motions under Rule 21, the court considered insurance coverage issues arising from alleged failures of valves installed in condominium HVAC systems that led to flooding claims.

The court held that the duty to defend could be determined on the pleadings and policy wording, notwithstanding unresolved factual disputes relating to waiver, estoppel, misrepresentation, fortuity, and exclusions.

Reading the underlying claims broadly and drawing reasonable inferences, the court found a mere possibility that the defective valves deteriorated progressively from installation through failure, thereby constituting property damage during both insurers' policy periods.

Continental's motion denying any duty to defend was dismissed, and declarations were granted that the claims potentially fell within both policies, with Continental bound to defend.

The defendant vehicle owner brought a motion for summary judgment dismissing a personal injury action arising from a truck accident, arguing that the Workplace Safety and Insurance Act barred the claim because the negligent driver was a protected worker.

The Workplace Safety and Insurance Appeals Tribunal had previously barred claims against the driver and employer but permitted a limited action against the vehicle owner.

The court considered whether s. 29 of the Workplace Safety and Insurance Act precluded a statutory vicarious liability claim against the owner under s. 192 of the Highway Traffic Act.

The court held that the workers’ compensation regime eliminates joint liability with protected defendants but does not abolish statutory vicarious liability claims against unprotected vehicle owners.

Because the statute did not clearly remove such liability, the claim against the owner could proceed.