Defendant not absolved of liability because of intervening act

SUMMARY JUDGMENT

Defendant not absolved of liability because of intervening act

Plaintiff drove vehicle to gas station to purchase gas. Plaintiff was assaulted by assailants. Assailants entered vehicle and tried to pull plaintiff from vehicle. Plaintiff moved vehicle away from assailants and out of gas station. Plaintiff brought claim for statutory accident benefits. Defendant disputed there was accident within meaning of Statutory Accident Benefits Schedule - Accidents on or After November 1, 1996, O Reg 403/96. Defendant argued direct cause of plaintiff’s injuries was assault of unknown assailants not use or operation of automobile. Use of car had not ended before injury was suffered. Insured had not physically left car. There was direct or proximate causal relationship between plaintiff’s injuries and ownership, use or operation of vehicle. Plaintiff was involved in accident within meaning of Statutory Accident Benefits Schedule. Defendant was not absolved of liability because of intervening act.

Downer v. Personal Insurance Co. (Aug. 23, 2011, Ont. S.C.J., Murray J., File No. 02-BN-7094) 205 A.C.W.S. (3d) 944 (11 pp.).