Sebastian J. Winny

The appellant alleged she was sexually assaulted by a taxi driver employed by the respondent taxi company.

She sued the taxi company on grounds of vicarious liability, negligence, and breach of fiduciary duty.

The motion judge granted summary judgment dismissing all claims against the taxi company.

On appeal, the appellant challenged the dismissal of her vicarious liability claim.

The Court of Appeal upheld the motion judge's decision, finding that the alleged sexual assault was only coincidentally linked to the taxi company's activities as a taxi dispatching business and did not meet the test for vicarious liability established in Bazley v. Curry.

The appellant commenced a claim under a commercial property insurance policy for windstorm damage and for breach of the insurer's duty of utmost good faith.

The insurer moved for a declaration that the appellant's losses could be determined by appraisal under the Insurance Act.

The motions judge granted the motion.

On appeal, the appellant challenged the motion judge's jurisdiction, argued that the two-year delay barred appraisal, and contended that the order impermissibly bifurcated the jury trial.

The Court of Appeal dismissed the appeal, holding that the motion judge had jurisdiction, that no abuse of process occurred despite the delay, and that the appraisal process would simply narrow the issues for trial rather than impermissibly bifurcate it.