Carter v. Junkin, (1984) 6 O.A.C. 310 (DC)

• Judge: Southey, Saunders and Hollingworth, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: May 08, 1984
• Jurisdiction: Ontario
• Citations: (1984), 6 O.A.C. 310 (DC)

Carter v. Junkin (1984), 6 O.A.C. 310 (DC)

MLB headnote and full text

Christopher Carter, an infant under the age of eighteen years, by his next friend Bruce Carter, Marion Carter and Bruce Carter (plaintiffs/respondents) v. Junkin and Junkin (defendants/appellants)

Indexed As: Carter v. Junkin

Ontario Divisional Court

Southey, Saunders and Hollingworth, JJ.

August 9, 1984.

Summary:

An automobile liability insurer applied for an order directing payment into court of an advance payment to an infant claimant. The application was granted subject to a condition respecting payment of interest. The defendants appealed respecting the condition.

The Ontario Divisional Court dismissed the appeal and affirmed the condition imposed.

Insurance - Topic 3907

Automobile insurance - Advance payments to an infant claimant by a liability insurer - Insurance Act, s. 224 - The Ontario Divisional Court stated that any payment to an infant under s. 224 can only operate to discharge the claim, in whole or in part, if the payment has been approved by court - See paragraph 8.

Insurance - Topic 3907

Automobile insurance - Advance payments to an infant claimant by a liability insurer - Insurance Act, s. 224 - A liability insurer applied for an order directing payment into court of an advance payment to an infant claimant - The court granted leave on the condition that the insureds agree to pay any difference between prejudgment interest awarded at trial and the interest earned on the advance payment paid into court - The Ontario Divisional Court affirmed the condition imposed.

Cases Noticed:

Carey v. Freeman, [1938] O.R. 713, refd to. [para. 8].

Statutes Noticed:

Insurance Act, R.S.O. 1980, c. 218, sect. 118 [para. 14]; sect. 224 [para. 4].

Rules of Practice (Ont.), rule 306 [para. 12].

Counsel:

C.J. Horkins, for the appellants;

P.W. Heisey, for the respondents.

This appeal was heard by Southey, Saunders and Hollingworth, JJ., of the Ontario Divisional Court on May 8, 1984. The decision of the Divisional Court was delivered by Southey, J., and was released on August 9, 1984.