Alessandro v. Co-Operators General Insurance Company
JOE ALESSANDRO, also known as GIUSEPPE ALESSANDRO
Law Firm / Organization
Self Represented
ELITE GRANDE o/a 1925773 ONTARIO LTD.
Law Firm / Organization
Not Specified
CO-OPERATORS GENERAL INSURANCE COMPANY
Law Firm / Organization
Dolden Wallace Folick LLP

Key Points:

  • Claims: The plaintiffs' insurance claim related to a fire in a banquet hall was challenged by the defendant, asserting the policy was void due to misrepresentations by Mr. Alessandro.
  • Defendant's Motion:
    1. Strike Statement of Claim: Request to strike parts of the claim for lacking a reasonable cause of action.
    2. Dismiss Personal Claim: Joe Alessandro had no standing as he wasn't named in the insurance policy.
    3. Legal Representation: The corporate plaintiff must be represented by a lawyer.
    4. Security for Costs: Request for the corporate plaintiff to provide security for potential costs.

Court's Decision:

  1. Striking the Statement of Claim:

    • Granted: Paragraphs 1(b), 4-8, and 15, due to insufficient allegations and lack of standing for Charter claims against a private entity.
    • Denied: Paragraphs 9-14, which were sufficient to suggest a possible breach of contract.
  2. Dismissal of Personal Claim:

    • Granted: Joe Alessandro's personal claims were dismissed since he wasn’t a party to the insurance contract.
  3. Legal Representation:

    • Adjourned: Pending Joe Alessandro's motion for leave to represent the corporate plaintiff, scheduled for December 18, 2024.
  4. Security for Costs:

    • Adjourned: To be considered after the decision on representation.
  5. Costs:

    • Joe Alessandro to pay $3,500 in costs to the defendant within 45 days.

Implications:

  • Corporate Representation: The corporate plaintiff must be legally represented unless the court grants leave otherwise.
  • Future Motions: Further proceedings regarding legal representation and security for costs are contingent on the outcome of the December 18 motion.
  • Striking Claims: Claims need specific allegations and factual support to avoid being struck out.
Superior Court of Justice - Ontario
CV-22-00002957
Insurance law
$ 3,500
Defendant