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]
Overview
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.
2Travellers was the insurer for the defendant automobile and at no time insured the plaintiff.
3The Philadelphia action settled.
4Then, 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)
6Since 2021 Mr. Saleh has taken no steps in this litigation and has made no effort to contact the defendants.
7Travelers brought this motion for summary judgment and the plaintiff did not respond. This motion for summary judgment proceeded on an uncontested basis.
[8]
Analysis
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]
Service
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.
10Additionally, Travelers emailed the materials to the email address noted on the back page of the Statement of Claim.
11I 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]
Disposition and Costs
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