Skip to the content
  • Areas of Practice
  • Mediation
  • Our Lawyers
  • News
  • Case Summaries
    • LAT Law Cases
    • Commercial/Tort Law Cases
  • Areas of Practice
  • Mediation
  • Our Lawyers
  • News
  • Case Summaries
    • LAT Law Cases
    • Commercial/Tort Law Cases

LAT Case Law Summaries

Commercial/Tort Case Law Summaries

Back To All Case Summaries
Back To All Case Summaries

Owasco Canadian Car & Camper Rental Ltd. v. Fitzgerald et al., 2021 ONSC 7235

  • November 30, 2021

The plaintiff Owasco is an auto body shop. It rented a vehicle to Fitzgerald while his vehicle was under repair. Fitzgerald was operating the vehicle and was involved in a collision with a third party. All litigants agreed that the accident was the fault of the third party. Owasco, rather than submitting a claim to its own insurer for the property damage (which had a $25,000 deductible), sued Fitzgerald for the property damage in accordance with the rental agreement. Fitzgerald and his own insurer, Coachman, argued that s. 263 of the Insurance Act barred Owasco’s claim. The Small Claims Court rejected that argument and awarded Owasco damages for the rental vehicle.

On Fitzgerald’s appeal to the Divisional Court, Justice Dawe reversed the decision, holding that s. 263 was a complete bar to Owasco’s right to recover for property damage under the rental contract. He also held that Owasco could not make a claim for the damage under Fitzgerald’s Coachman policy. Owasco’s only remedy was to bear the cost of the damage itself, or make a claim to its own insurer (though the damage was less than the $25,000 deductible). Justice Dawe rejected the argument that Owasco could advance the claim through Coachman because Fitzgerald’s policy included an endorsement for damage to temporary substitute automobiles.

Full decision here

TGP Analysis

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vestibulum placerat ex vitae dui dignissim, in iaculis tellus venenatis. Nam aliquet mauris eros. Mauris vitae justo sit amet nisi dictum euismod in sed nisl. Donec blandit, justo eu pellentesque sodales, eros urna dignissim tortor, non imperdiet enim massa ut orci. Pellentesque id lacus viverra, consectetur neque ac, congue lorem.

PrevPrevious Case
Next CaseNext
  • FILED UNDER Rental vehicle, Insurance coverage
SHARE

Contact Us

150 York Street, Suite 1800
Toronto, Ontario M5H 3S5

416.507.1800

416.507.1850

eodonnell@tgplawyers.com

  • Areas of Practice
  • Mediation
  • Our Lawyers
  • News
  • Case Summaries
  • Careers

Contact Us

150 York Street, Suite 1800
Toronto, Ontario M5H 3S5

416.507.1800

416.507.1850

eodonnell@tgplawyers.com

© 2020 Thomas Gold Pettingill LLP Disclaimer | Privacy Policy | Statement of Principles

Powered by Crow & Pitcher

Contact Us

150 York Street, Suite 1800
Toronto, Ontario M5H 3S5

416.507.1800

416.507.1850

eodonnell@tgplawyers.com