Robinson Ltd. v. Cdn. Indemnity Co., (1984) 2 O.A.C. 359 (DC)

Judge:Henry, J.
Court:Superior Court of Justice of Ontario
Case Date:January 27, 1984
Jurisdiction:Ontario
Citations:(1984), 2 O.A.C. 359 (DC)
 
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Robinson Ltd. v. Cdn. Indemnity Co. (1984), 2 O.A.C. 359 (DC)

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Ron Robinson Ltd. v. Canadian Indemnity Company

Indexed As: Robinson (Ron) Ltd. v. Canadian Indemnity Co.

Ontario Divisional Court

Henry, J.

February 8, 1984.

Summary:

As the plaintiff's insurer, the defendant settled a number of claims made against the plaintiff and then successfully sued the plaintiff for the amount of the deductible portion of the settled claims. The plaintiff subsequently sued the defendant on the ground that it was negligent in settling the insurance claims. That defence was not raised in the original action. Before trial, the defendant insurer moved for judgment on the ground that the matter was res judicata. The Toronto Small Claims Court granted the motion. The plaintiff appealed.

The Ontario Divisional Court dismissed the appeal because it had no jurisdiction.

Courts - Topic 7511

Provincial courts - Ontario - Supreme Court, Divisional Court - Jurisdiction, appeals from Small Claims Court - Section 108 of the Small Claims Courts Act provided a right of appeal to the Divisional Court from a judge's decision at or after trial - The Ontario Divisional Court held that s. 108 did not provide for an appeal from an order or judgment made before trial, notwithstanding that it may finally dispose of the issues between the parties - See paragraphs 9 to 14.

Practice - Topic 8991

Appeals - When appeal available - Small claims - Section 108 of the Small Claims Courts Act provided a right of appeal to the Divisional Court from a judge's decision at or after trial - The Ontario Divisional Court held that s. 108 did not provide for an appeal from an order or judgment made before trial, notwithstanding that it may finally dispose of the issues between the parties - See paragraphs 9 to 14.

Words and Phrases

Decision of the judge at or after the trial - The Ontario Divisional Court held that the phrase "decision of the judge at or after the trial" in s. 108 of the Small Claims Courts Act, R.S.O. 1980, c. 476, did not include a pretrial order or judgment - See paragraphs 9 to 14.

Cases Noticed:

Gelber et al. v. Allstate Insurance Co. of Canada (1983), 41 O.R.(2d) 318, appld. [para. 13].

Re Lachowski and Federated Mutual Insurance Co. (1980), 29 O.R.(2d) 273, consd. [para. 13].

Statutes Noticed:

Small Claims Courts Act, R.S.O. 1980, c. 476, sect. 57, sect. 59 [para. 6]; sect. 106 [paras. 8, 11]; sect. 108 [paras. 9 to 14].

Counsel:

Karen McCullough, for the appellant;

J. Gross, for the respondent.

This appeal was heard before Henry, J., of the Ontario Divisional Court on January 27, 1984, whose decision was delivered orally and released on February 8, 1984.

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