T. Donnelly

The applicant obtained a default judgment against a contractor for defective sewer installation and sought to enforce the judgment directly against the contractor's insurer under s. 132 of the Insurance Act.

The insurer denied coverage because the contractor failed to report the claim for nine years, breaching the policy's prompt notice condition.

The court found that the insured breached the notice condition and declined to grant relief from forfeiture, concluding that the delay was unreasonable, substantial, and prejudiced the insurer's ability to investigate and pursue third-party claims.

The application was dismissed.

The defendant, Viridian Inc., brought a motion for a declaration of forum non conveniens, seeking to transfer the plaintiff insurer's action to Manitoba or stay the proceedings.

The underlying dispute involved insurance coverage for historic environmental remediation at Manitoba mine sites.

The court dismissed the motion, finding that a related action involving multiple insurers was already proceeding in Toronto.

Transferring this single action to Manitoba would risk a multiplicity of proceedings and inconsistent verdicts, making Ontario the more appropriate forum.

The accused was charged with criminal negligence causing death, dangerous driving causing death, impaired driving causing death, and driving with a blood alcohol concentration over 80 mg causing death following a single motor vehicle rollover.

The sole issue at trial was the identity of the driver.

The court heard evidence from civilian witnesses, police, and expert witnesses on collision reconstruction and occupant kinematics.

The court rejected the defence expert's opinion that the deceased was the driver and accepted the Crown's expert evidence, along with civilian testimony and physical evidence, concluding beyond a reasonable doubt that the accused was the driver.

The accused was found guilty on all counts.