The defendant insurer brought a motion for summary judgment to dismiss the plaintiff mortgagee's action for negligent distribution of insurance proceeds, arguing the claim was barred by a one-year limitation period in the policy and that the plaintiff suffered no damages.
The defendant alternatively sought to transfer the proceeding from Ottawa to Kingston.
The court dismissed the motion for summary judgment, finding genuine issues requiring a trial regarding whether the insurer's conduct created a separate cause of action subject to the discoverability rule and whether the plaintiff suffered damages due to loss of control over the proceeds.
The court also dismissed the transfer motion, as the defendant failed to show Kingston was a significantly better venue.
