Todd Wasserman

The plaintiffs brought a motion to remove the defendant MVAC's counsel of record from the tort claim.

The counsel was acting for MVAC in both the accident benefits claim and the tort claim.

After initially accepting the plaintiff's catastrophic impairment designation, the counsel abruptly reversed the decision hours later without explanation.

The court found that a reasonably informed onlooker would perceive a possibility of conflict and misuse of information, warranting the disqualification of counsel to maintain the integrity of the administration of justice.

Following the dismissal of a summary judgment motion, the successful party sought partial indemnity costs.

The court considered the amended Rule 20 of the Rules of Civil Procedure and the developing jurisprudence governing costs consequences of unsuccessful summary judgment motions.

The court found that both bringing and resisting the motion had been reasonable and that the matter was a close contest.

Applying the approach in prior authority, the court ordered that costs be payable in the cause rather than immediately.

The amount of costs was fixed at $6,895.94.

An automobile insurer brought a motion for summary judgment seeking dismissal of a negligence action against the vehicle owner, arguing the vehicle was in the possession of another person without the owner’s consent under s. 192(2) of the Highway Traffic Act.

The Minister of Finance, defending in the name of the driver under the Motor Vehicle Accident Claims Act, argued that the owner’s evidence regarding consent was inconsistent and raised factual issues.

The court held that the evidence created a genuine issue requiring a trial, particularly regarding whether consent or implied consent existed.

The court also found that the procedural circumstances disadvantaged the Minister in defending the action.

The motion for summary judgment was dismissed.