Charles Gluckstein

The appellant, an innocent bystander, was rendered paraplegic after being struck by a bullet fragment during a drive-by shooting.

She brought an action against the unidentified driver of the vehicle and her own automobile insurer under the OPCF 44R Endorsement.

The insurer successfully moved for summary judgment on the basis that the injuries did not arise directly or indirectly from the use or operation of an automobile.

The Court of Appeal dismissed the appeal, finding that while the vehicle was used for an ordinary purpose, the shooting was a distinct and intervening act that broke the chain of causation.

The minor appellant was injured in a motor vehicle accident in Quebec while a resident of Ontario.

The appellants sued the at-fault driver and their own insurer under the uninsured motorist coverage of their Ontario automobile policy.

The motion judge granted summary judgment dismissing the action against the insurer, finding that Quebec's no-fault legislation applied and barred the tort claim.

The Court of Appeal dismissed the appeal, holding that under the lex loci delicti rule, Quebec substantive law applied.

Because Quebec's no-fault regime precluded any tort claim against the driver, the appellants were not 'legally entitled to recover' damages from her, which is a precondition for accessing uninsured motorist coverage under s. 265(1) of the Insurance Act.