Glens Falls Insurance Co. v. Epstein et al.

Glens Falls Insurance Co. v. Epstein et al.

The recorded transfer of registration was a sham and did not effect a genuine sale; therefore the owner’s policy was in force at the time of the accident and insurance proceeds must be applied to satisfy the judgments; the Minister’s payment from the Unsatisfied Judgment Fund and the resulting assignment were valid under the circumstances and did not bar the application of insurance moneys.

Citation
[1969] SCR 812
Parties
Appellant / Defendant Insurer: Glens Falls Insurance Company; Respondent / Plaintiff Class Representative: Ethel Epstein et al.; Insured / Named Insured: Trifun Cvetkovics; Assignee of Personal Injury Judgment / Minister of Transport: Her Majesty the Queen represented by the Minister of Transport for the Province of Ontario
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
30 June 1969
Procedural Posture
Appeal From Court of Appeal; Class Action Under S.223(1) of the Insurance Act / Supreme Court of Canada Appeal From Court of Appeal for Ontario; Judgment Delivered June 30, 1969
Outcome
Appeal dismissed; judgment of trial judge affirmed
Legal Topics
Owner's Policy, Policy Lapse and Transfer of Registration, Sham Transactions, Unsatisfied Judgment Fund, Assignment of Judgment, Statutory Interpretation, Class Action Under Insurance Act
Source Language
English
Insurance Automobile Law Tort Civil Procedure Owner's Policy Policy Lapse and Transfer of Registration Sham Transactions Unsatisfied Judgment Fund +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Glens Falls Insurance Company

Appellant / Defendant Insurer

Ethel Epstein et al.

Respondent / Plaintiff Class Representative

Trifun Cvetkovics

Insured / Named Insured

Her Majesty the Queen represented by the Minister of Transport for the Province of Ontario

Assignee of Personal Injury Judgment / Minister of Transport

Procedural Posture

Appeal From Court of Appeal; Class Action Under S.223(1) of the Insurance Act / Supreme Court of Canada Appeal From Court of Appeal for Ontario; Judgment Delivered June 30, 1969

Legal Issues

  1. 1 Whether certified transfer of vehicle registration established a genuine sale causing the policy to lapse before the accident
  2. 2 Whether the recorded transfer was a sham and the policy remained in force at time of accident
  3. 3 Whether payment from the Unsatisfied Judgment Fund and subsequent assignment to the Minister of Transport were unlawful under s.21 of The Motor Vehicle Accident Claims Act

Ratio Decidendi

The recorded transfer of registration was a sham and did not effect a genuine sale; therefore the owner’s policy was in force at the time of the accident and insurance proceeds must be applied to satisfy the judgments; the Minister’s payment from the Unsatisfied Judgment Fund and the resulting assignment were valid under the circumstances and did not bar the application of insurance moneys.

Court Disposition

Appeal dismissed; judgment of trial judge affirmed

Orders

  • Apply insurance moneys to satisfaction of judgment of Ethel Epstein dated 22 September 1961 in the sum of $1,500.00 with interest at 5% per annum from the date thereof and $453.50 with interest at 5% per annum from 6 November 1961
  • Apply insurance moneys to satisfaction of judgment in favour of Ethel Epstein and David Epstein dated 28 May 1962 in the sum of $10,500.00 inclusive of costs with interest at 5% per annum from 28 May 1962, such judgment having been assigned to the Minister of Transport for Ontario