Ontario Civil

Civil Procedure

Consolidation would result in delay where plaintiff in serious financial need

Plaintiff suffered injuries in motor vehicle accident and alleged that individual was responsible for accident. At time of accident plaintiff was insured by defendant. Plaintiff commenced action against individual seeking damages for personal injuries and economic loss. Plaintiff brought this action against defendant seeking same damages as in action against individual but based on uninsured, unidentified and underinsured coverage provisions of policy. Defendant applied to consolidate proceedings. Application dismissed. Actions shared common questions of fact and law and relief claimed arose out of same occurrence. Factors in favour of consolidation order and militating against order were considered. On balance, it was not appropriate for court to exercise its discretion and order consolidation. First action was scheduled for trial next month and consolidation would result in delay in circumstances where plaintiff was in serious financial need and should be permitted to pursue relief.

Da Costa v. TD Home and Auto Insurance Co. (Oct. 17, 2014, Ont. S.C.J., Douglas J., File No. Bracebridge CV-14-0265) 245 A.C.W.S. (3d) 782.

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