Insurance policy cancelled prior to motor vehicle accident

Ontario civil | Insurance

Cancellation

Insurance policy cancelled prior to motor vehicle accident

Defendant driver had been insured by insurance company S Co. prior to motor vehicle accident with plaintiff injured person C who was insured by insurance company E Group. There was coverage dispute between insurance companies on ground that defendant had cancelled her insurance policy prior to accident. Motion judge granted S Co.’s motion for summary judgment and dismissed E Group’s cross-motion for summary judgment. Judge was not convinced that s. 22(2) of Insurance Act (Ont.) imposed elevated onus on E Group to prove that cancellation was “clear and unequivocal”, but if there were such elevated onus, S Co. had satisfied it. Judge held that plaintiff was entitled to uninsured motorist coverage under plaintiff’s policy with E Group. E Group appealed. Appeal dismissed. Judge relied on evidence of records, which showed that before accident occurred, defendant requested that her policy be cancelled and received Acknowledgment of Cancellation Request. To extent that this evidence amounted to hearsay, it was admissible via business records exception. Judge’s conclusion was supported by record.
Candito v. Nmezi (April 19, 2016, Ont. C.A., Alexandra Hoy A.C.J.O., R.A. Blair J.A., and L.B. Roberts J.A., CA C61046) 265 A.C.W.S. (3d) 757.


Free newsletter

Our daily newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please complete the form below and click on subscribe for daily newsletters from Law Times.

Recent articles & video

Ford government’s cuts to Toronto city council ruled constitutional

Histories of Canadian law and Métis people are entwined, says Jean Teillet

More women are on TSX company boards - but there’s slow progress to the C-Suite, says Osler

GM lawyer Michael Smith becomes partner at Bennett Jones

Ontario court rules cap on general damages does not apply to sexual abuse

House of Commons reveals legal fee reimbursement over $54k

Most Read Articles

Ontario court rules cap on general damages does not apply to sexual abuse

Man discharged from his fourth bankruptcy

Insurance lawyers reveal their referral philosophies

Court of Appeal rules auto insurer not liable for parental negligence claim stemming from accident