Coulton v. Co-operators General Insurance Co. et al., (1999) 218 N.B.R.(2d) 84 (TD)

• Judge: McLellan, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: September 27, 1999
• Jurisdiction: New Brunswick
• Citations: (1999), 218 N.B.R.(2d) 84 (TD)

Coulton v. Co-op General (1999), 218 N.B.R.(2d) 84 (TD);

    218 R.N.-B.(2e) 84; 558 A.P.R. 84

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [1999] N.B.R.(2d) TBEd. OC.027

Lynda Coulton (plaintiff) v. The Co-operators General Insurance Company (defendant) and Commercial Union Assurance Company of Canada (third party)

(S/C/207/99)

Indexed As: Coulton v. Co-operators General Insurance Co. et al.

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Saint John

McLellan, J.

September 27, 1999.

Summary:

The plaintiff was injured in a motor vehi­cle accident with Porter, who was in­sured by Commercial Union. The plaintiff sued Porter. She commenced a separate action against her SEF-44 insurer, Co-opera­tors. The Co-operators joined Commercial Union as a third party. Commercial Union moved for summary judgment against Co-operators or, alternatively, that the third party claim be struck out or dismissed.

The New Brunswick Court of Queen's Bench, Trial Division, dismissed the motion.

Insurance - Topic 4105

Automobile insurance - Uninsured or underinsured motorist coverage - Adding insurer as defendant, intervenor or third party - [See Practice - Topic 1054 ].

Practice - Topic 5

General principles and definitions - Nature and interpretation of practice rules - [See Practice - Topic 1054 ].

Practice - Topic 1054

Parties - Third party procedure - Nature and scope - Nature of claims authorized - The plaintiff was injured in a motor vehi­cle accident with Porter, who was insured by Commercial Union - The plain­tiff sued Porter and, in a separate action, sued her SEF-44 insurer, Co-operators - Co-opera­tors joined Commercial Union as a third party - Commercial Union moved for summary judgment against Co-oper­ators, asserting that the plaintiff and Co-operators had no standing or right to sue Commer­cial Union until the plaintiff recovered a judgment against Porter - The New Bruns­wick Court of Queen's Bench, Trial Divi­sion, dismissed the motion - The Rules of Court should be interpreted so as to avoid multiplicity of proceedings (Judi­cature Act, s. 26(9)) - Rule 30.01(1)(c) allowed a defendant to add a third party to provide for binding determination of such an issue.

Practice - Topic 1123

Parties - Third party procedure - When available - To join person "not already a party" - [See Practice - Topic 1054 ].

Cases Noticed:

Lewis Estate et al. v. Cromwell et al. (1978), 22 N.B.R.(2d) 136; 39 A.P.R. 136 (C.A.), refd to. [para. 8].

Statutes Noticed:

Judicature Act, R.S.N.B. 1973, c. J-2, sect. 26(9) [para. 9].

Rules of Court (N.B.), rule 30.01(1)(c) [para. 8].

Counsel:

Howard A. Spalding, Q.C., for the plain­tiff;

J. George Byrne, for the defendant;

Lucie Richard, for the third party.

This motion was heard on September 27, 1999, by McLellan, J., of the New Bruns­wick Court of Queen's Bench, Trial Divi­sion, Judicial District of Saint John, who delivered the following oral decision on the same day.