ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: CV-14-498440 / CV-499487
DATE: 20140908
BETWEEN:
DAVID THIB
Applicant/Plaintiff
– and –
ROYAL & SUN ALLIANCE INSURANCE and GRANITE CLAIMS SOLUTIONS LP.
Respondent/Defendant
AND BETWEEN:
DEBORAH LANGELAAN
Plaintiff
– and –
ROYAL & SUN ALLIANCE INSURANCE COMPANY OF CANADA c.o.b. RSA INSURANCE
Defendant
David Thib, in person
Grant Walsh, for the Respondent/Defendant
Reshma Kishnani, for the Plaintiff Deborah Langelaan
Grant Walsh, for the Defendant
HEARD: August 15, 2014
B. P. O’Marra j.
ruling
background
[1] David Thib and Deborah Langelaan resided together as spouses from March of 2007 until January 30, 2013 when they separated.
[2] On March 27, 2012 their family residence suffered extensive damage from a fire. The home was insured by the defendant insurer. Deborah Langelaan was not registered on title to the home. David Thib was the sole named beneficiary on the insurance policy. He initiated an insurance claim for damage to the property and lost contents.
[3] At the time the parties separated the insurance claim was not resolved.
[4] By Court File No. CV-14-498440, David Thib commenced an action against his insurer related to the fire losses.
[5] By Court File No. CV-14-499487, Deborah Langelaan commenced an action against the insurer claiming entitlement to her share of the balance due from the defendant.
[6] Family court proceedings are set for trial in January of 2015 between David Thib and Deborah Langelaan.
relief sought by the parties
[7] David Thib seeks an order combining actions CV-14-498440 and CV-14-499487 and then striking out the Statement of Claim for CV-14-499487 in its entirety. In the alternative he seeks relief that includes consolidation of the two actions.
[8] Deborah Langelaan submits that the application to strike claim CV-14-499487 should be dismissed but agrees the two actions should be tried together.
[9] The defendant insurer does not oppose consolidation of the two actions.
consolidation or hearing together
[10] Where two or more proceedings are pending in the court and it is appears that
a) they have a question of law or fact in common;
b) the relief claimed in them arises out of the same transaction or occurrence or series of transactions or occurrences; or
c) for any other reason an order ought to be made.
the court may order that the proceedings be consolidated, or heard at the same time or one immediately after the other.
Rule 6.01(1), Rules of Civil Procedure.
analysis
[11] The best, most expeditious and fairest procedure to recognize the separate interests of David Thib and Deborah Langelaan related to the insurance proceeds is to have the actions tried together. Counsel for the insurer advises that his client is ready and willing to expedite the appraisal and mediation process.
result
[12] Order to go as follows:
Actions number CV-14-498440 and CV-14-499487 are to be tried together.
The parties to both actions are entitled to production and discovery of each other. Affidavits of Documents shall be exchanged between all parties.
The plaintiff in action CV-14-498440 may amend his pleadings to cross claim for damages against the plaintiff in CV-14-499487.
There are to be joint discoveries and a joint mediation within the two actions.
costs
[13] I received a costs outline from Mr. Thib. I will consider a brief outline (no more than three pages) from counsel for Deborah Langelaan. The defendants do not seek any costs.
B. P. O’Marra J.
Released: September 8, 2014
COURT FILE NO.: CV-14-498440 / CV-499487
DATE: 20140908
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
DAVID THIB
Applicant/Plaintiff
– and –
ROYAL & SUN ALLIANCE INSURANCE and GRANITE CLAIMS SOLUTIONS LP.
Respondent/Defendant
AND BETWEEN:
DEBORAH LANGELAAN
Plaintiff
– and –
ROYAL & SUN ALLIANCE INSURANCE COMPANY OF CANADA c.o.b. RSA INSURANCE
Defendant
RULING
B. P. O’Marra J.
Released: September 8, 2014