The Defendant appealed the Order of a Master which had dismissed the Defendant’s Application for Summary Dismissal. The Action related to whether the Defendant insurer was liable under the Plaintiff’s automobile insurance policy to the Plaintiff’s estate and family for an accident which occurred in the Philippines, not Canada. The Defendant’s only stated defence to the Action was that the policy did not apply to accidents which occurred in the Philippines.

Justice Inglis confirmed that the Master’s Decision was reviewable for correctness, and that the relevant question was whether there was no merit to the Plaintiffs’ claim. Justice Inglis considered the wording of the insurance policy and applied their plain and grammatical meaning to find that the policy did apply to the relevant accident which occurred in the Philippines. As such, Justice Inglis found that there was merit to the Plaintiffs’ claim and dismissed the Application for Summary Dismissal.