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.
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...(1993), 134 N.B.R.(2d) 369; 342 A.P.R. 369 (T.D.), refd to. [para. 22]. Coulton v. Co-operators General Insurance Co. et al. (1999), 218 N.B.R.(2d) 84; 558 A.P.R. 84 (T.D.), refd to. [para. Susan Inglis, on behalf of the Attorney General of Canada; André G. Richard, Q.C., and Allison S. Mac......
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...of some issue arising between the plaintiff and the defendant." [5] As noted in Coulton v. Co-operators General Insurance (1999), 218 N.B.R. (2d) 84: "... the overriding legal principal is found in s. 26(9) of the Judicature Act to the effect that the Rules of Court should be inte......
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Bouctouche First Nation Land Claim Trust v. Canada (Minister of Indian Affairs and Northern Development), [2004] N.B.R.(2d) (Supp.) No. 56 (TD)
...(1993), 134 N.B.R.(2d) 369; 342 A.P.R. 369 (T.D.), refd to. [para. 22]. Coulton v. Co-operators General Insurance Co. et al. (1999), 218 N.B.R.(2d) 84; 558 A.P.R. 84 (T.D.), refd to. [para. Susan Inglis, on behalf of the Attorney General of Canada; André G. Richard, Q.C., and Allison S. Mac......
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Beaman v. ING Halifax Insurance et al., [2005] N.B.R.(2d) Uned. 177
...of some issue arising between the plaintiff and the defendant." [5] As noted in Coulton v. Co-operators General Insurance (1999), 218 N.B.R. (2d) 84: "... the overriding legal principal is found in s. 26(9) of the Judicature Act to the effect that the Rules of Court should be inte......