Somersall vs Friedman and Somersall vs Scottish & York
The wiki says Somersall vs Friedman refers to the first appeal by Scottish and York to the Ontario Supreme Court. Is this the same at the ON Court of Appeal?
Also if the motions judge ruled in favour of Scottish and York (SEF44 did not entitle the insured to recover from insurer) wouldn't the first appeal be by Somersall and not Scottish and York? Why would Scottish and York appeal this decision?
Comments
Yes you are right - It should be the insured that appeals to the ON court of appeal, and S&Y then appeals to the Canada Supreme court