AIG Insurance Company of Canada v Kostic
AIG Insurance Company of Canada
Law Firm / Organization
Dentons Canada LLP
Liliana Kostic
Law Firm / Organization
Self Represented

Background

  • Parties: AIG Insurance Company of Canada (Plaintiff) vs. Liliana Kostic (Defendant).
  • Context: Decision on Ms. Kostic’s applications for summary judgment and dismissal against AIG, initially dismissed by Justice Robert A. Graesser.

Reconsideration

  • New Submissions: Post-decision, Ms. Kostic submitted additional arguments; AIG’s counsel responded.
  • Judicial Review: The judge reviewed but found no new grounds to change the previous decision.

Legal Findings

  • Charter Claims: Dismissed as the Charter does not apply to private parties like AIG.
  • Fiat Process: All applications require leave (fiat), including those from self-represented litigants.
  • Case Law: Emphasized case-specific and contextual nature of dismissal rules.
  • Counterclaims: Recognized as independent but interconnected with the main claim in this case.

Procedural Issues

  • Leave Requirement: Confirmed for all applications in case management.
  • Three-Year Limitation: Starts from the last significant action, not from the claim filing.
  • Amendments & RJL: Any amendments or adding parties require proper fiat applications.

Conclusion

  • Decision Unchanged: No new factual basis found in Ms. Kostic’s additional submissions to alter the decision.
  • New Applications: Ms. Kostic must file new fiat applications to amend her statement of defence or add RJL as a party.

Key Points

  • Judicial Discretion: Emphasized in managing beneficial applications.
  • Evidence: Complex cases require thorough evidence, with no shortcuts in the process.

Next Steps

  • Submit new fiat applications for further procedural changes, ensuring proper service to all relevant parties.

Costs???????

  • Not specified.
Court of King's Bench of Alberta
1701 06258
Insurance law
Plaintiff