The defendant brought a motion for summary judgment to dismiss the plaintiff's tort action arising from a motor vehicle collision.
The defendant argued that the plaintiff was an excluded driver under an OPCF 28A endorsement, and therefore, pursuant to s. 267.6 of the Insurance Act, was precluded from recovering damages.
The plaintiff claimed an honest but mistaken belief that the exclusion applied only to a specific vehicle and not the newly acquired vehicle involved in the accident.
The court found the excluded driver endorsement to be clear and unambiguous, applying to "ALL VEHICLES INSURED UNDER THIS WAWANESA CERTIFICATE," and deemed the plaintiff's explanations implausible.
Concluding there was no genuine issue requiring a trial, the court granted summary judgment, dismissing the plaintiff's action.
