Manitoba Public Insurance Corp. v. From (R.W.) Ltd. and Juenke, (1981) 12 Man.R.(2d) 27 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: April 09, 1981
• Jurisdiction: Manitoba
• Citations: (1981), 12 Man.R.(2d) 27 (CoCt)

MPIC v. From Ltd. (1981), 12 Man.R.(2d) 27 (CoCt)

MLB headnote and full text

Manitoba Public Insurance Corp. v. R.W. From Ltd. and Juenke

Indexed As: Manitoba Public Insurance Corp. v. From (R.W.) Ltd. and Juenke

Manitoba County Court

Jewers, C.C.J.

April 9, 1981.

Summary:

An insurer paid the amount of damages caused to an insured vehicle, becoming subrogated to the insured's right of action against the third party. The insurer sued the owner and operator of the other vehicle for trespass or injury to chattels. The defendants moved that the action was barred by s. 3(1)(f) of the Limitation of Actions Act, R.S.M. 1970, c. L-150.

The Manitoba County Court allowed the motion.

Limitation of Actions - Topic 2603

Subrogated claims - Nature of claim - The Manitoba County Court held that an action for trespass or injury to chattels brought against a third party by an insurer with a subrogation claim was not an action based on a statutory right created by s. 21(1) of the Manitoba Public Insurance Corporation Act, S.M. 1970, c. 102 and was barred by s. 3(1)(f) of the Limitation of Actions Act, R.S.M. 1970, c. L-150, because it was not brought within two years after the cause of action arose - See paragraphs 4 to 5 and 11 to 14.

Insurance - Topic 2889

Subrogation - Action by insurer - Whether insured must be fully indemnified - The Manitoba County Court held that under s. 21(1) of the Manitoba Public Insurance Corporation Act, S.M. 1970, c. 102, an insurer's right of subrogation arose where the insurer had either paid benefits or had assumed liability for payment of the loss to the extent of the payment or assumption of liability; although that might not cover all of the losses under the policy - See paragraph 9.

Insurance - Topic 2887

Subrogation - Insurer subject to defences of third party - The Manitoba County Court held that an insurer with a subrogation claim against a third party took the insured's right of action, subject to all defences which the third party had against the insured - See paragraphs 12 to 14.

Statutes Noticed:

Manitoba Public Insurance Corporation Act - see Automobile Insurance Act.

Automobile Insurance Act, S.M. 1970, c. 102, sect. 21(1) [paras. 5 to 6; 9 to 11; 15 to 16]; sect. 21(6) [para. 7]; sect. 21(7) [para. 8].

Limitation of Actions Act, R.S.M. 1970, c. L-150, sect. 3(1)(f) [paras. 4, 14, 17]; sect. 3(1)(g) [para. 5].

Authors and Works Noticed:

MacGillivray and Parkington on Insurance Law (6th Ed.), Articles 1871, p. 781 [para. 9]; 1872, p. 782 [para. 9]; 1873, p. 792 [para. 10]; 1895, p. 792 [para. 13].

Marshall on Assignment of Choses in Action, p. 181 [para. 13].

Counsel:

T.J. Thompson, for the plaintiff;

D.S. Norquay, for the defendants.

This action was heard before JEWERS, C.C.J., of the Manitoba County Court. The decision of JEWERS, C.C.J., was delivered on April 9, 1981: