Insurer’s representative didn’t arrange to have effective decision-maker ready to be contacted

Civil Practice and Procedure – Costs – Costs of particular proceedings

Parties attended pre-trial conference. Insurer agreed to engage in mediation, but took no position other than no liability. Insurer’s representative reported to committee for instructions and had not made arrangements to have effective decision-maker at insurer phone-ready to be contacted. Defendant to pay plaintiff costs of $1,000. Defendant failed to comply with Rules of Civil Procedure, Rule 50.05(2), which required that where person present at pre-trial conference did not have sufficient authority to resolve case, person with authority be readily available, in short order, by telephone. Things listed in Rule 50.06 could not be considered at pre-trial because insurer’s decision maker was not present or available.

Al-Khouri v. Hawari (2019), 2019 CarswellOnt 9833, 2019 ONSC 3681, Trimble J. (Ont. S.C.J.).

Case Law is a weekly summary of notable civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. These cases may be found online in WestlawNext Canada. To subscribe, please visit store.thomsonreuters.ca

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

COVID creating increased interest in waivers, but enforceability difficult in some areas

With leave for appeal denied, Waksdale decision remains authority on termination clauses: lawyer

Slow COVID vaccination pace among pandemic's complications to immigration law

Online workshop to teach ADR practitioners how to effectively market services

Ontario Bar Association proposes changes to Personal Property Security Act

Criminal law specialist explains police enforcement powers under Ontario's stay-at-home order

Most Read Articles

Criminal law specialist explains police enforcement powers under Ontario's stay-at-home order

With leave for appeal denied, Waksdale decision remains authority on termination clauses: lawyer

Slow COVID vaccination pace among pandemic's complications to immigration law

Information and Privacy Commissioner to host webcast on surveillance tech and police