Gore ats. Ruddell

Posted July 12, 2019

Lerners acted for the appellant in this appeal of a judge’s decision on a summary judgment motion that Gore’s insured did not fail to cooperate in her defence and therefore was not in breach of her auto insurance policy. The judge also held that, even if the policy was breached, the owner of the vehicle was entitled to relief from forfeiture. The Court of Appeal for Ontario dismissed the appeal on the basis that the judge did not err in his analysis of whether the policy was breached by reason of cooperation. The Court held that it was unnecessary to consider the issue of relief from forfeiture but noted that its reasons should not be interpreted as endorsing the motion judge’s brief treatment of the issue.