The Defendant in the related action, Maroof Mahamood, had been asked by his employer, Fine Furnishings (insured by Wawanesa) to perform some furniture deliveries. Mr. Mahamood rented a truck from New Horizons Car Truck Rentals (insured by Aviva). Mr. Mahamood did not have insurance of his own. Justice Nakatsuru concluded that Aviva was the first loss insurer and that Mr. Mahamood was the lessee (as he rented the truck and signed the rental agreement). Justice Nakatsuru held that the focus of the inquiry should be the contractual arrangement to rent the vehicle and that the rental agreement gave no indication of any involvement of Fine Furnishings (aside from a contact telephone number).
