Court File and Parties

COURT FILE NO.: CV-18-593905

DATE: 20210120

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Sifaw

AND:

Intact Insurance Company

BEFORE: Mr. Justice Chalmers

COUNSEL: F. Chiu, for the Plaintiff

M. Prise, for the Defendant/Moving Party

HEARD: In writing

ENDORSEMENT

[1] This action arises out of a motor vehicle accident involving an unidentified vehicle. The Defendant took the position that the action was statute barred on the basis that the Plaintiff failed to make his vehicle available for inspection. The Defendant delivered an Offer to Settle for a dismissal of the action on a without costs basis. On January 6, 2020, counsel for the Plaintiff wrote to counsel for the Defendant and stated that if the Offer remained open, he had instructions to accept the Offer. Since that date, the Defendants have requested that the Plaintiff complete the settlement documents but has not yet received them. Counsel for the Plaintiff stated that is an issue of the terms of the Offer and whether there was acceptance.

[2] Based on the information before me, it appears there is no issue with respect to ostensible authority of Plaintiff’s counsel at the time of the correspondent on January 6, 2020. I encouraged counsel for the Plaintiff to seek instructions from her client with respect to settlement.

[3] If the action does not settle, I schedule the motion for March 31, 2021 for a 1-hour appointment. The following timetable is established:

• Moving party record – completed;

• Responding party record to be delivered by February 28, 2021;

• Cross examinations to be completed by March 12, 2021;

• Moving Party factum to be delivered by March 19, 2021;

• Responding party’s factum to be delivered by March 26, 2021; and

• Reply factum, if any, to be delivered by March 29, 2021.

[4] I am not seized.

Date: January 20, 2021