The plaintiffs, the parents and brother of a two-year-old boy who was killed in a motor vehicle accident, brought an action for damages for nervous shock after witnessing his death.
The defendants appealed a ruling that the claim for nervous shock was not barred by s. 266(1) of the Insurance Act.
The Divisional Court allowed the appeal, holding that 'bodily injury' includes psychological injury and that the exception to immunity 'where the injured person has died' applies only to the person who actually died, not to third parties claiming independent nervous shock injuries.
