Canada Security Assurance Co. v. Joynt

Canada Security Assurance Co. v. Joynt

The plaintiff was not bound by the insured's prior judgment because she was not a party and not in privity; she is entitled to litigate her statutory claim under s.219(1) against the insurer and the insurer must prove any policy defence in that action; the motion to quash was dismissed and the appeal dismissed because the lower courts' disposition as to excess coverage was final for purposes of this appeal and the statutory limit was unaffected.

Citation
[1967] SCR 110
Parties
Defendant Appellant: Canada Security Assurance Company; Plaintiff Respondent: Denise Lucille Marie Joynt; Insured; Judgment Debtor: Charles Keyworth Topp
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
19 December 1966
Procedural Posture
Appeal to Supreme Court of Canada From Court of Appeal for Saskatchewan / Motion to Quash on Jurisdictional/finality Grounds and Appeal on Whether Plaintiff Is Bound by Insured's Judgment in Separate Action; Interlocutory Dispositive Motion Adjudicated
Outcome
Motion to quash dismissed without costs; appeal dismissed with costs.
Legal Topics
Statutory Class Action Under S.219(1), Res Judicata/issue Preclusion, Motor Vehicle Liability Insurance, Indemnity, Finality of Judgment/leave to Appeal
Source Language
English
Insurance Civil Procedure Tort Appeal Statutory Class Action Under S.219(1) Res Judicata/issue Preclusion Motor Vehicle Liability Insurance Indemnity +1 more

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Parties

Canada Security Assurance Company

Defendant Appellant

Denise Lucille Marie Joynt

Plaintiff Respondent

Charles Keyworth Topp

Insured; Judgment Debtor

Procedural Posture

Appeal to Supreme Court of Canada From Court of Appeal for Saskatchewan / Motion to Quash on Jurisdictional/finality Grounds and Appeal on Whether Plaintiff Is Bound by Insured's Judgment in Separate Action; Interlocutory Dispositive Motion Adjudicated

Legal Issues

  1. 1 Whether plaintiff in a statutory action under s.219(1) is bound by a judgment obtained by the insured in a separate action against the insurer to which the plaintiff was not a party
  2. 2 Whether the judgment appealed from was a final judgment for purposes of allowing an appeal without leave
  3. 3 What the plaintiff must prove in a statutory action under s.219(1) and what burden of proof rests on the insurer

Ratio Decidendi

The plaintiff was not bound by the insured's prior judgment because she was not a party and not in privity; she is entitled to litigate her statutory claim under s.219(1) against the insurer and the insurer must prove any policy defence in that action; the motion to quash was dismissed and the appeal dismissed because the lower courts' disposition as to excess coverage was final for purposes of this appeal and the statutory limit was unaffected.

Court Disposition

Motion to quash dismissed without costs; appeal dismissed with costs.

Orders

  • Motion to quash dismissed without costs
  • Appeal dismissed with costs