Writ refused. On the facts found by the Court of Appeal the result is correct.
McCALEB, J., is of the opinion that a writ should be granted for two reasons. Initially, the Court of Appeal has denied defendant its day in court by erroneously holding that the issue of primary negligence on the part of defendant's insured was foreclosed since defendant had neither appealed nor answered plaintiff's appeal, notwithstanding that defendant did not seek a modification or...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
