Wilson v. CGU Insurance Company of Canada

Wilson v. CGU Insurance Company of Canada

The Court dismissed the appeals because the motions judges did not err in exercising their discretion: Paisley J. properly found greater prejudice to the plaintiff and that GAN's possible recourse under s.258 justified the balancing of prejudice, and Spence J. properly found delay, absence of procedural injustice, and greater prejudice to the plaintiff; the appellants failed to satisfy the multi‑factor test required to set aside a default judgment.

Citation
C33072, C34262
Parties
Plaintiff/respondent: Aretha Wilson; Plaintiff/respondent: Skyler Wilson; Defendant/appellant: CGU Insurance Company of Canada; Defendant/appellant: Royal & SunAlliance Insurance Company of Canada; Defendant/appellant: Lloyd's of London Insurance; Defendant/appellant: Halifax Insurance Company; Defendant/appellant: GAN Company of Canada Limited; Defendant/appellant: Corporation of the City of Toronto; Defendant/appellant: Letitia Kee; Defendant/appellant: Able Atlantic Taxi Co. Ltd.; Defendant/appellant: Philip McDonald; Defendant/appellant: George Meisner; Defendant/appellant: Able Atlantic Taxi (1992) Ltd.; Defendant/appellant: Able Atlantic Taxi (1989) Ltd.; Defendant/appellant: Able Atlantic Taxi Inc.; Defendant/appellant: 556652 Ontario Ltd., formerly known as Able Atlantic Taxi Limited
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
14 December 2000
Procedural Posture
Civil Appeal / Appeal From Orders Refusing to Set Aside Default Judgment
Outcome
Appeals dismissed with costs
Legal Topics
Setting Aside Default Judgment, Prejudice Balancing, Insurance Subrogation/recourse Under S.258, Addition of Third Parties Under S.258(14), Delay and Procedural Injustice
Source Language
English
Civil Procedure Insurance Law Setting Aside Default Judgment Prejudice Balancing Insurance Subrogation/recourse Under S.258 Addition of Third Parties Under S.258(14) Delay and Procedural Injustice

Case Brief

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Parties

Aretha Wilson

Plaintiff/respondent

Skyler Wilson

Plaintiff/respondent

CGU Insurance Company of Canada

Defendant/appellant

Royal & SunAlliance Insurance Company of Canada

Defendant/appellant

Lloyd's of London Insurance

Defendant/appellant

Halifax Insurance Company

Defendant/appellant

GAN Company of Canada Limited

Defendant/appellant

Corporation of the City of Toronto

Defendant/appellant

Letitia Kee

Defendant/appellant

Able Atlantic Taxi Co. Ltd.

Defendant/appellant

Philip McDonald

Defendant/appellant

George Meisner

Defendant/appellant

Able Atlantic Taxi (1992) Ltd.

Defendant/appellant

Able Atlantic Taxi (1989) Ltd.

Defendant/appellant

Able Atlantic Taxi Inc.

Defendant/appellant

556652 Ontario Ltd., formerly known as Able Atlantic Taxi Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Orders Refusing to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the motions judges erred in refusing to set aside the default judgment
  2. 2 Whether GAN should have been added as a third party under s.258(14) of the Insurance Act
  3. 3 Whether appellants demonstrated delay, procedural injustice or prejudice sufficient to set aside the default judgment

Ratio Decidendi

The Court dismissed the appeals because the motions judges did not err in exercising their discretion: Paisley J. properly found greater prejudice to the plaintiff and that GAN's possible recourse under s.258 justified the balancing of prejudice, and Spence J. properly found delay, absence of procedural injustice, and greater prejudice to the plaintiff; the appellants failed to satisfy the multi‑factor test required to set aside a default judgment.

Court Disposition

Appeals dismissed with costs

Orders

  • Appeals dismissed with costs.