What is the test for a motion of motion for Proprietary Rights in Economical as Mutual Policyholders?
Ontario, Canada
The following excerpt is from Brunt v. Economical Mutual Insurance Company et al., 2021 ONSC 4026 (CanLII):
The case fits squarely within the parameters set out in Hryniak v. Mauldin, 2014 SCC 7, [2014] 1 SCR 87, in that the facts are undisputed, the law is clear and may be applied to those facts and this motion is a proportionate, expeditious and less expensive process to deal with the outstanding issues than a trial. 2. Did the Plaintiffs have Proprietary Rights in Economical as Mutual Policyholders?
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