Thomas J.

The plaintiff was injured in a motor vehicle accident in Alberta.

His insurer brought a subrogated action in his name for property damage without his knowledge, which was resolved by a consent judgment.

The plaintiff subsequently commenced a personal injury action in Ontario.

The defendant appealed the dismissal of a summary judgment motion, arguing the personal injury claim was barred by res judicata as one wrong cannot generate multiple causes of action.

The Divisional Court dismissed the appeal, holding that the Alberta Insurance Act differentiates subrogated property damage claims from personal injury claims, and an implied term in the consent judgment preserved the plaintiff's right to sue for personal injuries.

The appellant teacher appealed a decision of the Fitness to Practise Committee revoking his teaching certificate due to incapacity.

The Committee relied on a provisional psychiatric diagnosis of delusional disorder based on a document review, as the appellant refused to attend a psychiatric assessment or the final days of his hearing.

The Divisional Court dismissed the appeal, finding the expert evidence was admissible and the Committee's decision was reasonable.

The Court also found no breach of procedural fairness, noting the appellant waived his right to complain by choosing not to attend the hearing.