Background:

• Personal Injury Case (MVA Action): In 2009, Barbara Lynn Carroll was seriously injured as a pedestrian. She sued both the at-fault driver (McEwen) and her own insurer, Aviva Canada, for underinsured coverage.
• The jury awarded $2.6 million in 2015, but the McEwens went bankrupt, limiting recovery.
• This led to two bad faith actions:
  • Carroll Action (2015): Alleged Aviva mishandled her underinsured coverage.
  • McEwen Action (2017): Alleged Aviva failed to settle within policy limits, exposing the McEwens to excess liability.

Motion:

• Aviva moved to have both actions tried together, arguing overlap in facts and law.
• The plaintiffs opposed, highlighting the risk of significant delays, especially since the McEwen Action was set for trial in April 2025.

Decision:

• The court found the actions had distinct issues and were at different stages; consolidating them would unduly delay the McEwen Action by years.
• Motion to consolidate was dismissed, with costs of $8,500 awarded to the plaintiffs.

Key Point:

The court emphasized avoiding further delays, prioritizing efficient resolution for the McEwen Action over procedural consolidation.