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Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.
I am not following. How was he served?
So why would the service be set aside then? It sounds like he was served personally.Or are you saying he was not served with the claim but just with the judgment?
I am not following.
I am a lawyer in Ontario and not Quebec.
There did not need to be any authorization at all.
So if he was served personally that is correct.
And if the accident was in Ottawa there is no way to move the trial to Quebec.
I don't know why you feel there could be a complaint to the Financial Services Commission. Please explain that but as I see the facts he made a serious error and thought he was insured and was not so he is being sue and has no insurance. I don't see any other error but please explain what you are thinking.
1) O exempted himself out of this coverage by stating that he had coverage elsewhere. He was in error of course but it was his error. So unless he can show that he was not told he was exempting himself out of this coverage he won't be covered. He should look at the rental contract. He likely initialed a provision saying he is opting out because he had his own coverage.
2) In Ontario the limitation period is 2 years. If the Claim was issued more than two years after the accident it is too late to sue.
3) This is will covered by a trial. O will deny it outright in his defence. But he isn't being covered anyway so it's not an issue for the insurance company as far as I understand it.
4) If the court finds O to be liable they will award damages. If they find that A contributed to the accident by going too fast then perhaps the damages will be divided in half.Does that help?
Is there anything more I can help you with at this point in time?