Aviva Insurance Company v. Wawanesa Mutual Insurance Company

JurisdictionOntario
CourtCourt of Appeal (Ontario)
JudgeFeldman, Paciocco and Fairburn JJ.A.
Citation2019 ONCA 704
Docket NumberC66043
Date10 September 2019

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5 practice notes
  • Ontario Court Of Appeal Summaries (September 9 – 13 2019)
    • Canada
    • Mondaq Canada
    • September 23, 2019
    ...agreement entered into by the parties after one at issue came to an end. Aviva Insurance Company v. Wawanesa Mutual Insurance Company, 2019 ONCA 704 [Feldman, Paciocco and Fairburn Dennis Ong and Christopher Scotchmer, for the appellant Steven Carlstrom and Genevieve Durigon, for the respon......
  • Tokio Marine & Nichido Insurance Company v Security National Insurance Company
    • Canada
    • Court of Appeal (Alberta)
    • November 16, 2020
    ...other insurance is available to the renter or driver of the rented vehicle”: Aviva Insurance Company v Wawanesa Mutual Insurance Company, 2019 ONCA 704 at para 3, 49 MVR (7th) 1, citing Enterprise Rent‑a‑Car Canada Limited v Meloche Monnex Financial Services Inc., 2010 ONCA 277 at para 4, 1......
  • Graham v. Benton
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 16, 2020
    ...[42] Ryan v. Moore, 2005 SCC 38 , [2005] 2 S.C.R. 53 at para. 76. [43] Aviva Insurance Company v. Wawanesa Mutual Insurance Company, 2019 ONCA 704, [2019] O.J. No. 4559 at para. [44] Statute of Frauds, R.S.O. 1990, c. S. 19, ss. 1, 4. [45] 968703 Ontario Ltd. v. Vernon, 58 O.R. (3d) 215 (C.......
  • Case Summary: Aviva Insurance Company v Wawanesa Mutual Insurance Company
    • Canada
    • Mondaq Canada
    • May 1, 2020
    ...by the rental agreement alone, especially where an agency is involved. Aviva Insurance Company v Wawanesa Mutual Insurance Company, 2019 ONCA 704, per Fairburn, Facts + Issues On 29 October 2010, the Plaintiff Liu was rear-ended by a vehicle driven by the Defendant Mahamood, which was rente......
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3 cases
  • Tokio Marine & Nichido Insurance Company v Security National Insurance Company
    • Canada
    • Court of Appeal (Alberta)
    • November 16, 2020
    ...other insurance is available to the renter or driver of the rented vehicle”: Aviva Insurance Company v Wawanesa Mutual Insurance Company, 2019 ONCA 704 at para 3, 49 MVR (7th) 1, citing Enterprise Rent‑a‑Car Canada Limited v Meloche Monnex Financial Services Inc., 2010 ONCA 277 at para 4, 1......
  • Graham v. Benton
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 16, 2020
    ...[42] Ryan v. Moore, 2005 SCC 38 , [2005] 2 S.C.R. 53 at para. 76. [43] Aviva Insurance Company v. Wawanesa Mutual Insurance Company, 2019 ONCA 704, [2019] O.J. No. 4559 at para. [44] Statute of Frauds, R.S.O. 1990, c. S. 19, ss. 1, 4. [45] 968703 Ontario Ltd. v. Vernon, 58 O.R. (3d) 215 (C.......
  • Dr. Chiasson-Basque et al v. Enterprise Rent-a-Car Canada Limited et al.
    • Canada
    • Court of King's Bench of New Brunswick (Canada)
    • November 25, 2024
    ...A similar approach was adopted by the Ontario Court of Appeal in Aviva Insurance Company v. Wawanesa Mutual Insurance Company, 2019 ONCA 704 (CanLII) a case cited by Enterprise. While the facts in this case differ slightly, Aviva also involved a rental car and required the Court to resolve ......
3 firm's commentaries
  • Ontario Court Of Appeal Summaries (September 9 – 13 2019)
    • Canada
    • Mondaq Canada
    • September 23, 2019
    ...agreement entered into by the parties after one at issue came to an end. Aviva Insurance Company v. Wawanesa Mutual Insurance Company, 2019 ONCA 704 [Feldman, Paciocco and Fairburn Dennis Ong and Christopher Scotchmer, for the appellant Steven Carlstrom and Genevieve Durigon, for the respon......
  • Case Summary: Aviva Insurance Company v Wawanesa Mutual Insurance Company
    • Canada
    • Mondaq Canada
    • May 1, 2020
    ...by the rental agreement alone, especially where an agency is involved. Aviva Insurance Company v Wawanesa Mutual Insurance Company, 2019 ONCA 704, per Fairburn, Facts + Issues On 29 October 2010, the Plaintiff Liu was rear-ended by a vehicle driven by the Defendant Mahamood, which was rente......
  • Defence + Indemnity - April 2020: Case Summary: Aviva Insurance Company v Wawanesa Mutual Insurance Company
    • Canada
    • JD Supra Canada
    • April 29, 2020
    ...by the rental agreement alone, especially where an agency is involved. Aviva Insurance Company v Wawanesa Mutual Insurance Company, 2019 ONCA 704, per Fairburn, Facts + Issues On 29 October 2010, the Plaintiff Liu was rear-ended by a vehicle driven by the Defendant Mahamood, which was rente......