A rehabilitation clinic is not entitled to bring an action against an insurer for payment of treatment to an insured until the insured's action against his insurer is resolved
A rehabilitation clinic that provided services to two individual Insureds brought an action against the Insureds and their Insurer for payment for services rendered. The Court found that pursuant to section 258(1) of the Insurance Act, R.S.O. 1990, c. I.8, a judgment against the Insured was a prerequisite to bringing an action against the Insurer. The current action was therefore premature against the Insurer, but the Court entered judgment against the individual Defendants.
1489018 Ontario Ltd. v. Vasile  O.J. No. 5187. Ontario Superior Court of Justice. C.W. Kilian Deputy J. December 29, 2006.