Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
31094
A. Gordon Shaw v. Zurich Canada
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2006-02-02 | Close file on Leave | |
| 2006-01-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-01-27 | Judgment on leave sent to the parties | |
| 2006-01-26 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C40475, dated June 15, 2005, is dismissed with costs. Dismissed, with costs |
|
| 2005-12-21 | All materials on application for leave submitted to the Judges, F Abe Cha | |
| 2005-12-15 | Applicant's reply to respondent's argument, (Joint with 31093-31095-31099), Completed on: 2005-12-15 | A. Gordon Shaw |
| 2005-12-05 | Respondent's response on the application for leave to appeal, (Joint with 31093, 31095, 31099, 31100), Completed on: 2005-12-05 | Zurich Canada |
| 2005-11-08 | Application for leave to appeal, (2 volumes), AMENDED - See Charron J.'s order dated Oct. 25, 05., Completed on: 2005-11-08 | A. Gordon Shaw |
| 2005-10-25 | Order on motion to strike out | |
| 2005-10-25 |
Decision on motion to strike out, Cha, THIS MOTION made by the respondents for an Order: 1) striking out in its entirety the affidavit of Dorothy Fong, sworn September 8, 2005, filed in support of eight above mentioned applications for leave to appeal; 2) in the alternative to (a), an order striking out paragraphs 5 to 34 and 38 to 45 of the affidavit; 3) an order extending the time within which the respondents must file responding materials to within 30 days of the later of the determination of this motion and, if so ordered, the filing of amended applications for leave to appeal; and 4) an order awarding to the respondents the costs of this motion. AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The respondents seek an order striking out in its entirety, or alternatively parts of, the affidavit of Dorothy Fong filed in support of eight applications for leave to appeal. The motion is allowed in part: a) Paragraphs 5 to 16 of affidavit describe the practices adopted by various automobile insurers in response to the McNaughton decision. Paragraphs 39 to 41 predicts that there will be unequal and inconsistent treatment of consumers in Ontario following the reversal fo the McNaughton decision. The applicants rely upon this evidence in support of the proposition that the Court of Appeal ought not to have reversed the McNaughton decision. This evidence could have formed part of the record before the Court of Appeal but did not. It therefore constitutes fresh evidence and cannot be introduced without leave. Paragraphs 5 to 16 and 39 to 41 are therefore struck. b) Paragraphs 17 and 18 describe the time plaintiffs' counsel have docketed to these proceedings and which may not be compensated as a consequence of the Court of Appeal's decision. These facts have no relevance to the question of whether the appeal raises issues of importance. They are struck. c) Paragraphs 19 to 22 are speculative and of no assistance to the Court in determining the applications for leave. They are struck out. The applicant is granted 14 days to amend its application and the respondents 30 days thereafter to respond. The respondents shall have their costs of this motion. Allowed in part |
|
| 2005-10-18 | Submission of motion to strike out, Cha | |
| 2005-10-07 | Reply to motion to strike out, (Letter Form), from J. Beedell dated October 7, 2005 (fax copy) re: will not be filing a reply to the motion; also, will file a response to the leave application only after the determination of the motion (joint with 31095, 31098, 31099, 31093, 31097, 31096, 31100), Completed on: 2005-10-07 | Zurich Canada |
| 2005-10-03 | Response to motion to strike out, (joint with 31095 - 31098 - 31099 - 31093 - 31097 - 31096), Completed on: 2005-10-03 | A. Gordon Shaw |
| 2005-09-23 | Motion to strike out, the affidavit of Dorothy Fong and to extend time to respond to the application for leave to appeal (joint with 31095 - 31098 - 31099 - 31100 - 31093 - 31097 - 31096), Completed on: 2005-09-23 | Zurich Canada |
| 2005-09-15 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-09-14 | Application for leave to appeal, (2 volumes), Completed on: 2005-09-14 | A. Gordon Shaw |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Shaw, A. Gordon | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Zurich Canada | Respondent | Active |
Counsel
Party: Shaw, A. Gordon
Counsel
10, Bay street
Suite 1400
Toronto, Ontario
M5J 2R8
Telephone: (416) 363-2239
FAX: (416) 363-1875
Email: mm@mcgowanlaw.ca
Agent
141, Laurier Avenue West
Suite 1100
Ottawa, Ontario
K1P 5J3
Telephone: (613) 569-9500
FAX: (613) 569-9522
Party: Zurich Canada
Counsel
2700-130 King Street West, The Exchange Tower
P.O.Box 136 Stn. 1st Canadian Place
Toronto, Ontario
M5X 1C7
Telephone: (416) 860-0035
FAX: (416) 860-0003
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Commercial law - Statutes - Insurance - Insurance contract - Statutory conditions -What is the proper interpretation of Statutory Condition 6(7) of O.Reg 777/93 made under the Insurance Act, R.S.O. 1990, c. I.8, regarding what is necessary when an insured motor vehicle is damaged beyond repair and the automobile insurer elects to acquire the wrecked vehicle and sell if for salvage? - In what circumstances is it appropriate for an appellate court to overrule one of its own previous decisions in a consumer protection case?
The 8 Respondent insurers brought a motion to dismiss eight class actions alleging conversion. The grounds for the claims were that the insurers were in breach of a statutory condition barring them from reducing the amount of damages paid out in total loss cases when the Applicant insurers took salvage of the wrecked vehicle. The standard form policy in Ontario indicated that insurers intended to apply the deductible in total loss cases, but failed to refer to what became of the salvage in those instances. The standard form policy did include a provision stipulating that the insurer would own the salvage if it so chose, but the provision was silent on the impact that decision would have on the deductible. In an earlier case, the Court of Appeal had relied on the paramountcy clause in the standard form policy indicating that the statutory conditions would prevail over those in the standard form if there were a discrepancy between the two. The motion judge dismissed the Respondent insurers' motion. On appeal to the Court of Appeal, the appeal was allowed. The previous Court of Appeal decision was found to have been wrongly decided. The statutory condition at issue was held not to quantify the Respondent insurers' payment obligation when the insurer elected to pay the actual cash value of the car and take the salvage.
Lower court rulings
Ontario Superior Court of Justice
01-CV-213320CP
Applicants' applications for an order declaring that the actual cash value as contemplated by statutory condition 6(7) of the Insurance Act is not necessarily the same as the value agreed upon for the purpose of adjusting the Applicants' claim granted. Re
Court of Appeal for Ontario
C40475
Appeal allowed and Applicants' actions dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available