6 total
Estate awarded $2,500 in appeal expenses following successful defence of insurer's appeal.
Following the dismissal of TTC Insurance Company's appeal regarding the authority of the executrix to instruct counsel, the Estate of Francis Agius sought its legal expenses for the appeal.
The Director's Delegate found the Estate was entitled to its expenses based on its success.
The Delegate declined to fix arbitration expenses, as the arbitration was ongoing, but awarded the Estate $2,500 for the appeal expenses.
Appeal dismissed; executrix derives authority to commence arbitration from the will, not from probate.
The insurer appealed an arbitrator's decision refusing to dismiss the arbitration.
The insurer argued the arbitration was a nullity because the insured person had died before the application for mediation was filed, and the executrix had not been formally appointed by a court as a litigation administrator.
The Director's Delegate dismissed the appeal, confirming that an executrix derives her authority from the will, not from the probate process, and therefore had the authority to instruct counsel to commence proceedings immediately upon the insured's death.
The fact that counsel was unaware of the death when filing the application did not diminish the executrix's authority.
Application for mediation signed only by counsel after claimant's death was validly authorized by executrix.
The applicant was injured in a motor vehicle accident and sought accident benefits.
Following the applicant's death, his counsel submitted an Application for Mediation signed only by counsel, unaware of the applicant's passing.
The insurer argued the application was invalid as it lacked the claimant's signature and was not properly authorized.
The arbitrator held that the absence of a claimant signature was a mere defect in form that did not invalidate the proceeding.
Furthermore, the applicant's wife, acting continuously under a Power of Attorney and subsequently as executrix, had the authority to and did authorize the application.
The preliminary issue was resolved in favour of the applicant.
Appeal from order striking defamation claim dismissed; slander lacked publication and libel protected by absolute privilege.
The appellant appealed an order striking his statement of claim for slander and libel under Rule 21.
The slander claim was struck because it failed to allege the words were spoken to anyone other than the plaintiff.
The libel claim, based on a letter from the respondents' solicitors, was struck because it failed to specify the exact words complained of and was protected by absolute privilege as it was sent in contemplation of litigation.
The Court of Appeal agreed with the motion judge and dismissed the appeal.
Cyclist struck by bottle thrown from moving truck was victim of assault, not an automobile accident.
The respondent cyclist was injured when struck by a beer bottle thrown by the driver of a passing pickup truck.
The Arbitrator found the incident was an 'accident' under the Statutory Accident Benefits Schedule, relying on an engineering report that the truck's speed contributed to the bottle's impact.
On appeal, the Director's Delegate revoked the decision, holding that the incident was an assault, not an accident.
The use or operation of the truck was not the direct cause of the impairment, but merely provided a platform and means of escape for the assailant.
Bicyclist struck by bottle thrown from moving truck was involved in an accident for benefits purposes.
The applicant was riding his bicycle when he was struck in the face by a beer bottle thrown by the driver of a passing pickup truck.
The insurer denied statutory accident benefits on the basis that the incident was an assault, not an 'accident' under the Schedule.
The arbitrator found that the moving truck was not merely a platform for the assault, but that its velocity significantly contributed to the force of the bottle shattering on the applicant's face.
The arbitrator concluded that the use and operation of the truck directly caused the injuries, and therefore the incident met the definition of an accident.
