Eight consolidated actions arising from a motor vehicle accident on November 30, 2021, in London, Ontario, in which the defendant driver failed to stop at a red light and struck members of the London 120th Brownies, killing one child and injuring several others.
The court determined whether the defendants' personal liability umbrella policy constituted a motor vehicle liability policy under the Insurance Act and the OPCF 44R Family Protection Coverage endorsement.
The court held that the umbrella policy was not a motor vehicle liability policy and therefore the defendants were inadequately insured motorists.
The plaintiffs were entitled to access their own OPCF 44R coverage, with the aggregate available insurance limits of $2.3 million to be divided pro rata among all eligible claimants.