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Home > SCC Decision: October 19, 2007

SCC Decision: October 19, 2007

Fri, 2007-10-19 08:24 — Andrew Pilliar
Taxonomy upgrade extras: 
SCC summaries by Andrew Pilliar [1]
Research articles : 
Motor vehicle [2]

Citadel General Assurance Co. v. Vytlingam, 2007 SCC 46
Click here [3] to link to the full judgment. 
(Insurance / Automobile Insurance)
While V was driving through the U.S., someone dropped a rock from a highway overpass onto his vehicle, causing V extensive injuries.  The assailants were convicted in the U.S., but one was inadequately insured to cover civil damages.  V claimed compensation from their Ontario insurer, arguing that the assailant was similar to an inadequately insured motorist.  Although the assailant had used a truck to transport the rocks to the overpass, the Court dismissed the claim, finding that dropping the rocks broke the causal chain and any connection to the truck.
Majority/dissent: 9/0

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[1] https://www.legaltree.ca/taxonomy/term/86
[2] https://www.legaltree.ca/taxonomy/term/62
[3] http://scc.lexum.umontreal.ca/en/2007/2007scc46/2007scc46.html