Intact Insurance Company v Kisel, 2015 ONCA 205 – This is an appeal of the refusal of the motion judge to set aside a noting in default and a default judgement against Intact Insurance Company (“Intact”). The Plaintiffs, Rade Bijelic and Yaroslava Kisel, were injured in a car accident in December 2009. Each received the majority of their statutory benefits from Intact following the accident. However, Intact refused payments of two of the Plaintiffs’ health providers because the invoiced amounts could not be justified. As part of its settlement with the Plaintiffs, Intact agreed to hold harmless and indemnify the Plaintiffs from any claims brought by the two service providers for the outstanding accounts.
Court Distinguishes Tests for Setting Aside Default Judgements v Noting in Defaults
October 2015
Kelly Santini LLP, Ontario

