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An insurer must have actual knowledge of a policy breach, not merely the ability to discover it, for waiver or estoppel to apply.
An appeal by Royal Sun Alliance Insurance Company of Canada (RSA) from a trial judge's decision that RSA was responsible to provide insurance coverage to the estate of Steven Devecseri, who was killed in a motorcycle accident in 2006.
Devecseri had alcohol in his system at the time of the accident, which breached both his M2 driver's licence restrictions and his insurance policy terms.
RSA did not learn of the alcohol consumption until 2009 during discovery proceedings, at which point it took an off-coverage position.
The trial judge found that RSA waived its right to deny coverage by failing to obtain the coroner's report in 2006 and by defending the claim without taking a reservation of rights.
The Court of Appeal reversed, holding that RSA did not waive coverage and was not estopped from denying coverage because it lacked actual knowledge of the policy breach until 2009.
Summary judgment granted for mortgage and credit card debt with a briefly stayed order for possession.
The plaintiff, Royal Bank of Canada, brought a motion for summary judgment against the defendants for mortgage and credit card debt.
The defendants largely unopposed the debt and counterclaim dismissal but contested the order for possession and costs.
The court granted summary judgment for the debt and dismissed the counterclaim, finding no genuine issue for trial.
An order for possession was granted, but its effect was stayed until October 30, 2018, to allow the defendants to finalize new financing.
The court also fixed costs on a substantial indemnity basis at $18,000, reducing the plaintiff's requested amount due to excessive billing for certain tasks.
