Daku v. Saskatchewan Government Insurance Corporation
David Daku
Saskatchewan Government Insurance Corporation
Law Firm / Organization
Taylor McCaffrey LLP
Lawyer(s)

Kyle L. Dear

  • Facts: David Daku, a Saskatchewan resident, was struck by a motor vehicle in Winnipeg, Manitoba, on December 8, 2017. He filed a claim for insurance benefits with the Saskatchewan Government Insurance Corporation (SGI), which was later denied.

  • Issue: The main issue was whether Daku's claim should be stayed, dismissed, struck, or amended, focusing on jurisdiction and the propriety of the claim under the statutory no-fault scheme.

  • Court's Ruling: The Court of King's Bench of Manitoba ruled that it did not have jurisdiction over the claim because it constituted an appeal of SGI's decision, which should have been filed in Saskatchewan. The court found no reasonable cause of action in Manitoba and denied the plaintiff's motion to amend the claim. Consequently, SGI's motion to strike was granted.

  • Costs/Damages Awarded: The document does not specify the amount of costs or damages awarded to SGI, the successful party, but mentions that if costs could not be agreed upon, counsel could seek an appearance to make submissions.

Court of King's Bench Manitoba
CI 19-01-24992
Insurance law
Defendant