W. Colin Empke

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.

Following a complex motion regarding insurance coverage for asbestos claims where the plaintiff was unsuccessful, the successful defendant insurers sought their costs.

The plaintiff argued for a reduction based on divided success on factual issues and refusal to admit facts.

The court rejected the plaintiff's arguments, finding the defendants were the clear winners and their refusal to admit facts was not unreasonable.

The court awarded partial indemnity costs to the defendants, making some reductions to specific bills for duplication of effort among multiple counsel, totaling approximately $546,887.