Ly et al. v. Nguyen et al., (1999) 242 A.R. 41 (QB)

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: February 05, 1999
• Citations: (1999), 242 A.R. 41 (QB)

Ly v. Nguyen (1999), 242 A.R. 41 (QB)

MLB headnote and full text

Temp. Cite: [1999] A.R. TBEd. FE.064

Kiu Nhu Ly and Quiton Li, by Kiu Nhy Ly as his next friend (plaintiffs) v. Tam Nguyen and Phuong Thanh Do (defendants)

(Action Nos. 9601-00148; 9601- 03833; 9601-08428; 9601-10989; 9601-00308; 9601-10719; 9601-00300; 9601-02693; 9601-04901)

Indexed As: Ly et al. v. Nguyen et al.

Alberta Court of Queen's Bench

Judicial District of Calgary

Moore, C.J.Q.B.

February 5, 1999.

Summary:

Section 312(1) of the Insurance Act pro­vided that a motor vehicle liability policy must provide a "limit of not less than $200,000 exclusive of interest and costs". At issue was whether the insurer was liable to pay pre-judgment interest in addition to the statutory minimum, or only post-judgment interest.

The Alberta Court of Queen's Bench held that pre-judgment interest was already in­cluded in the $200,000 statutory minimum.

Insurance - Topic 3966

Automobile insurance - Liability policy - Scope of coverage - Interest - Section 312(1) of the Insurance Act provided that a motor vehicle liability policy must pro­vide a "limit of not less than $200,000 exclusive of interest and costs" - The Alberta Court of Queen's Bench held that an insurer was not liable to pay pre-judg­ment interest in addition to the $200,000 statutory minimum, only post-judgment interest - The court stated that pre-judg­ment interest was already included in the $200,000 statutory minimum; that "exclu­sive of interest" meant $200,000 exclusive of post-judgment interest.

Practice - Topic 7029

Costs - Party and party costs - Entitlement to - Successful party - Exceptions - Novel or important point - An insurer successful­ly applied for an interpretation of provi­sions of the Insurance Act in its favour - The Alberta Court of Queen's Bench de­nied the successful insurer costs, stating that "there will be no costs awarded for this application, as it raised an interesting point that had not yet been directly ad­dressed in Alberta" - See paragraph 16.

Cases Noticed:

Kalkinis et al. v. Allstate Insurance Co. of Canada (1996), 28 O.R.(3d) 237 (Gen. Div.), revd. (1998), 117 O.A.C. 193 (C.A.), refd to. [para. 8].

Pagliarella v. Di Biase Brothers Inc. (1989), 33 O.A.C. 28; 58 D.L.R.(4th) 691 (C.A.), refd to. [para. 8].

Corbett and Nash v. Co-operative Fire and Casualty Co. (1984), 54 A.R. 60 (Q.B.), refd to. [para. 8].

Stamper v. Finnigan et al. (1986), 75 N.B.R.(2d) 301; 188 A.P.R. 301; 35 D.L.R.(4th) 71 (Q.B.), revd. (1987), 81 N.B.R.(2d) 213; 205 A.P.R. 213; 40 D.L.R.(4th) 175 (C.A.), disagreed with [para. 8].

Statutes Noticed:

Insurance Act, R.S.A. 1980, c. I-5, sect. 306(c), sect. 312(1), sect. 320(7), sect. 320(9) [para. 4].

Counsel:

D.K. Yasui, for Western Union Insurance Co.;

M.L. Moore, for the Bui plaintiffs;

R.J. Everard, for the defendant Do;

R.D. Kerr, for the Ly and Li plaintiffs.

This application was heard before Moore, C.J.Q.B., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following judgment on Febru­ary 5, 1999.