Background:
- Personal Injury Case (MVA Action): In 2009, Barbara Lynn Carroll was seriously injured as a pedestrian. She sued both the at-fault driver (McEwen) and her own insurer, Aviva Canada, for underinsured coverage.
- The jury awarded $2.6 million in 2015, but the McEwens went bankrupt, limiting recovery.
- This led to two bad faith actions:
- Carroll Action (2015): Alleged Aviva mishandled her underinsured coverage.
- McEwen Action (2017): Alleged Aviva failed to settle within policy limits, exposing the McEwens to excess liability.
Motion:
- Aviva moved to have both actions tried together, arguing overlap in facts and law.
- The plaintiffs opposed, highlighting the risk of significant delays, especially since the McEwen Action was set for trial in April 2025.
Decision:
- The court found the actions had distinct issues and were at different stages; consolidating them would unduly delay the McEwen Action by years.
- Motion to consolidate was dismissed, with costs of $8,500 awarded to the plaintiffs.
Key Point:
The court emphasized avoiding further delays, prioritizing efficient resolution for the McEwen Action over procedural consolidation.
