On an appeal from Quebec, the Court addressed whether a fatal injury suffered when a tree fell onto a vehicle was damage caused by an automobile under the provincial no-fault automobile insurance statute.
The Court reaffirmed a broad, remedial interpretation of the statute and held that a traditional fault-based causation analysis does not govern this scheme.
It concluded that use of a vehicle as a means of transportation is sufficient at minimum to engage the statutory definition of accident, even where the vehicle’s role is not active.
Because the claim fell within the statutory scheme, the civil action in damages was barred and compensation had to be sought through the public insurer.
The appellate judgment was set aside and the dismissal of the action was restored.
