NOVA SCOTIA COURT OF APPEAL
Citation: Royal & Sun Alliance Insurance Company v. Hillier, 2005 NSCA 151
Docket: CA 248952
Registry: Halifax
Between:
Royal & Sun Alliance Insurance Company of Canada,
a body corporate
Appellant
v.
Gary Hillier
Respondent
Judge: The Honourable Justice Thomas Cromwell
Appeal Heard: November 10, 2005
Subject: Summary judgment - Abuse of process
Summary: After a civil jury trial, Mr. Hillier recovered a tort judgment in a personal injury action. The award included a sum for future loss of earnings. He then sued his Section B insurer for loss of income benefits. The insurer applied for summary judgment, arguing that the action was an abuse of process because the judgment in the civil trial settled Mr. Hillier’s claims for loss of income. The chambers judge dismissed the insurer’s application and it appealed.
Issues: Did the chambers judge err in dismissing the summary judgment application?
Result: Appeal dismissed. The issues on which Mr. Hillier’s entitlement to Section B benefits depended were not the same as those resolved by the jury in the tort action. Questions about the rights as among Mr. Hillier, the tortfeasor and the Section B insurer in the event Mr. Hillier proved entitlement under Section B were not before the Court.
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