Court File and Parties
Court File No.: CV-21-00673436 Date: 2024-05-03 Ontario Superior Court of Justice
Between: Mohamed Saleh, Plaintiff – and – Traveler’s Insurance Company and Emmet Madden, Defendant
Counsel: James Davidson, for the Plaintiff
Read: May 1, 2024
Papageorgiou J.
Decision
[1] The plaintiff brought a claim in respect of a car accident that occurred on January 6, 2018, in Philadelphia. The defendant Emmet Madden was retained by Mr. Saleh to bring a claim for personal injuries arising from this accident against the driver of the other car in Philadelphia.
[2] Travellers was the insurer for the defendant automobile and at no time insured the plaintiff.
[3] The Philadelphia action settled.
[4] Then, the plaintiff commenced this claim as a self-represented litigant.
[5] (It appears the claim against Mr. Madden is alleged negligence in relation to the settlement, but he did not participate in this motion)
[6] Since 2021 Mr. Saleh has taken no steps in this litigation and has made no effort to contact the defendants.
[7] Travelers brought this motion for summary judgment and the plaintiff did not respond. This motion for summary judgment proceeded on an uncontested basis.
[8] I agree that there is no merit to the claim against Travelers as Travelers did not owe a duty of care to the plaintiff. The plaintiff executed a full and final release with Travelers. Additionally, the action was brought in the wrong jurisdiction.
[9] Travelers attempted to serve Mr. Saleh at his last known address noted on the Statement of Claim and also made attempts to locate him without success. I agree it was Mr. Saleh’s responsibility to provide his address for service.
[10] Additionally, Travelers emailed the materials to the email address noted on the back page of the Statement of Claim.
[11] I am satisfied that in the circumstances service by mail to the plaintiff’s last known address and by email was sufficient service and to the extent necessary I am validating service and/or dispensing with service.
[12] Having not responded to this motion, the plaintiff has not put his best foot forward, there is no genuine issue which requires a trial, and his claim is dismissed with costs in the amount of $4,627.35 in partial indemnity fees and $1,962.10 in disbursements.
Papageorgiou J.
Released: May 3, 2024
Reasons for Judgment
Ontario Superior Court of Justice
Between: Mohamed Saleh, Plaintiff – and – Traveler’s Insurance Company and Emmet Madden, Defendant
Reasons for Judgment
Papageorgiou J.
Released: May 3, 2024