Iroquois Falls Community Credit Union Limited v. Co-Operators General Insurance Company

Iroquois Falls Community Credit Union Limited v. Co-Operators General Insurance Company

The court exercised its discretion to permit limited intervention by the fourth parties because they had a direct interest in upholding the trial judge's express limitation that the summary judgment bind only the respondent and appellants, and because intervention could be structured (no record augmentation, limited factum length, constrained oral argument) to avoid prejudice or delay; accordingly intervenors were added on specified conditions.

Citation
2008 ONCA 318
Parties
Plaintiff (respondent): Iroquois Falls Community Credit Union Limited (by its Liquidator, The Deposit Insurance Corporation of Ontario); Defendant (appellant): Co-Operators General Insurance Company; Defendant (appellant) and Fifth Party: CUMIS General Insurance Company; Third Party: Ruth E. Parisi; Third Party: Ross, Pope & Company; Fourth Party: Donna Simmons; Fourth Party: Aline LePage; Fourth Party: Lana Tremblay; Fourth Party: Beverly Devine; Fourth Party: Jackie Delaurier; Fourth Party: John Moon; Fourth Party: Ralph Wilkins; Fourth Party: Larry Porter; Fourth Party: Frank Lachance; Fourth Party: Ron Trottier; Fourth Party: Raymond Martineau; Fourth Party: Sergio Festarini; Fourth Party: Gerald Poirier; Fourth Party: Edward Fleming; Fourth Party: Credit Union Central of Ontario Limited
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
28 April 2008
Procedural Posture
Collection (civil Insurance Dispute) / Appeal — Motion to Intervene Following Summary Judgment Motion
Outcome
Motion to intervene granted in part; four fourth parties added as intervenors on limited terms; no order for costs of the motion
Legal Topics
Summary Judgment, Intervention, Credibility Findings, Binding Effect of Judgments, Costs
Source Language
English
Civil Insurance Civil Procedure Appeal Summary Judgment Intervention Credibility Findings Binding Effect of Judgments +1 more

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Parties

Iroquois Falls Community Credit Union Limited (by its Liquidator, The Deposit Insurance Corporation of Ontario)

Plaintiff (respondent)

Co-Operators General Insurance Company

Defendant (appellant)

CUMIS General Insurance Company

Defendant (appellant) and Fifth Party

Ruth E. Parisi

Third Party

Ross, Pope & Company

Third Party

Donna Simmons

Fourth Party

Aline LePage

Fourth Party

Lana Tremblay

Fourth Party

Beverly Devine

Fourth Party

Jackie Delaurier

Fourth Party

John Moon

Fourth Party

Ralph Wilkins

Fourth Party

Larry Porter

Fourth Party

Frank Lachance

Fourth Party

Ron Trottier

Fourth Party

Raymond Martineau

Fourth Party

Sergio Festarini

Fourth Party

Gerald Poirier

Fourth Party

Edward Fleming

Fourth Party

Credit Union Central of Ontario Limited

Fourth Party

Procedural Posture

Collection (civil Insurance Dispute) / Appeal — Motion to Intervene Following Summary Judgment Motion

Legal Issues

  1. 1 Whether non-participating fourth parties may intervene on appeal
  2. 2 Whether motion judge's adverse credibility/findings bind non-participating parties
  3. 3 Whether intervention would prejudice the respondent or delay the appeal

Ratio Decidendi

The court exercised its discretion to permit limited intervention by the fourth parties because they had a direct interest in upholding the trial judge's express limitation that the summary judgment bind only the respondent and appellants, and because intervention could be structured (no record augmentation, limited factum length, constrained oral argument) to avoid prejudice or delay; accordingly intervenors were added on specified conditions.

Court Disposition

Motion to intervene granted in part; four fourth parties added as intervenors on limited terms; no order for costs of the motion

Orders

  • Moving parties added as intervenors on the following conditions: they take the record as it exists and shall not seek to augment the record
  • They may serve and file a factum not to exceed 15 pages on or before May 7, 2008