Pepe v. State Farm Mutual Automobile Insurance Company

Pepe v. State Farm Mutual Automobile Insurance Company

The Court held that OPCF 44R's corroboration requirement is satisfied by evidence that is independent in the sense of being extrinsic to the claimant's testimony and material to the issue; the provision excludes only spouses and dependent relatives; a passenger with a financial interest or personal relationship (Ms. Aguirre) is not automatically disqualified and her evidence was capable of corroborating the claimant, so the motion judge's order allowing the claim to proceed was correct.

Citation
2011 ONCA 341
Parties
Plaintiff (respondent): Massimo Pepe; Plaintiff (respondent): Amato Pepe; Plaintiff (respondent): Rosalba Pepe; Plaintiff (respondent): David Pepe; Plaintiff (respondent): Lidia Pepe; Defendant (appellant): State Farm Mutual Automobile Insurance Company
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
3 May 2011
Procedural Posture
Civil (insurance Coverage) / Appeal to Court of Appeal From Superior Court Motion Decision on Rule 21.01(1)
Outcome
Appeal dismissed; order below affirmed
Legal Topics
Unidentified Driver Coverage, Corroboration Requirement, OPCF 44 R, Witness Independence, Credibility Assessment
Source Language
English
Insurance Evidence Civil Procedure Unidentified Driver Coverage Corroboration Requirement OPCF 44 R Witness Independence Credibility Assessment

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Parties

Massimo Pepe

Plaintiff (respondent)

Amato Pepe

Plaintiff (respondent)

Rosalba Pepe

Plaintiff (respondent)

David Pepe

Plaintiff (respondent)

Lidia Pepe

Plaintiff (respondent)

State Farm Mutual Automobile Insurance Company

Defendant (appellant)

Procedural Posture

Civil (insurance Coverage) / Appeal to Court of Appeal From Superior Court Motion Decision on Rule 21.01(1)

Legal Issues

  1. 1 Whether passenger witness evidence can satisfy OPCF 44R corroboration requirement
  2. 2 Whether phrase "independent witness evidence" refers to witness neutrality or independence of evidence
  3. 3 Whether a witness with a financial interest or close personal relationship to claimant is disqualified from corroborating under OPCF 44R

Ratio Decidendi

The Court held that OPCF 44R's corroboration requirement is satisfied by evidence that is independent in the sense of being extrinsic to the claimant's testimony and material to the issue; the provision excludes only spouses and dependent relatives; a passenger with a financial interest or personal relationship (Ms. Aguirre) is not automatically disqualified and her evidence was capable of corroborating the claimant, so the motion judge's order allowing the claim to proceed was correct.

Court Disposition

Appeal dismissed; order below affirmed

Orders

  • Appeal dismissed
  • Order of Justice D.A. Wilson dated May 20, 2010 affirmed