Facts: Carl Tremblett experienced property damage due to ground settling or shifting. He filed a claim under his insurance policy with Primmum Insurance Company, part of TD Insurance, seeking coverage for the damage.
Issue: The case focused on whether the property damage was covered under the insurance policy or excluded by specific policy exclusions related to geological phenomena and water damage.
Court’s Ruling: The court found that the damage to Tremblett's property was not directly caused by water but was an indirect result of subsidence influenced by external water sources. Therefore, the court concluded that the policy's exclusion for "Earthquake, Erosion and Other Geological Phenomena" applied, and the claim was not covered under the policy.
Costs/Damages Awarded: The court awarded costs to the defendant, TD Insurance, as they were substantially successful in the summary trial. The costs were determined in accordance with Scale B of the Supreme Court Civil Rules, but not payable forthwith due to other adjourned claims in the case.
