Intact Insurance brought a motion for leave to intervene as an added party defendant in an action arising from alleged water damage caused by its insured, Lucas Roofing.
Intact had previously defended the insured under a reservation of rights but denied coverage after the insured repeatedly failed to cooperate with the investigation and discovery process.
The plaintiff opposed the motion, arguing Intact would take a position adverse to its insured.
The court granted the motion, finding that Intact had a clear interest in the outcome under s. 132(1) of the Insurance Act and that no true prejudice would result to the existing parties.