Plaintiff
Defendant
- Parties: The plaintiffs were Primmum Insurance Company and Security National Insurance Company. The defendants were Bill Young’s Auto-Body Salvage and Sandy & Sons Auto Repair & Sales.
- Subject Matter: The plaintiffs were insurers of motor vehicles. In late 2023 and early 2024, disputes arose between the parties regarding the plaintiffs’ vehicles, which had been towed to the salvage yards of the salvage lot operator defendants. These disputes involved the amounts that the defendants wanted to recover and the storage fees of the plaintiffs’ vehicles. The plaintiffs alleged that the defendants unlawfully withheld vehicles that the plaintiffs presently owned, as a result of paying out the insurance to the individual owners of those vehicles.
- Ruling: The court ruled in the defendants’ favour and dismissed the plaintiffs’ motion. The court was not satisfied beyond a reasonable doubt that the defendants detained the vehicles or knew, before or after Mar. 4, 2024, that the plaintiffs were the insurers and thus entitled to possession of the vehicles at the time of the acquisition of the vehicles. The court held that the plaintiffs could and should have done more to facilitate the removal of their vehicles from the defendants’ premises – for example, by more timely and proactive arrangements. Exercising its inherent discretion, the court refused to impose a contempt finding.
- Date: The court released its decision on Nov. 25, 2024.
- Venue: This was a case before the Supreme Court of Nova Scotia.
- Amount: The court said that the parties should try to agree on costs.
Court
Supreme Court of Nova ScotiaCase Number
Syd No. 529111Practice Area
Insurance lawAmount
$ 0Winner
DefendantTrial Start Date
Download documents