Primmum Insurance Company v. Bill Young’s Auto-Body Salvage
Primmum Insurance Company
Law Firm / Organization
Cox & Palmer
Security National Insurance Company
Law Firm / Organization
Cox & Palmer
Bill Young’s Auto-Body Salvage
Law Firm / Organization
McInnes Cooper
Lawyer(s)

Tony Mozvik

Sandy & Sons Auto Repair & Sales
Law Firm / Organization
McInnes Cooper
Lawyer(s)

Tony Mozvik

- 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. 

Supreme Court of Nova Scotia
Syd No. 529111
Insurance law
$ 0
Defendant