Robert Kerkmann

The plaintiff, Stephanie Gilbraith, suffered a severe eye injury from an egg thrown from a speeding, unidentified vehicle.

She sought coverage under her father's OPCF 44R Family Protection Coverage endorsement with Intact Insurance Company and from the Superintendent of Financial Services for uninsured automobile coverage.

Both defendants moved for summary judgment, arguing the injury did not "arise directly or indirectly from the use or operation of an automobile." The court dismissed the motions, finding that the plaintiff met both the "purpose test" (transporting passengers and cargo is an ordinary use of a vehicle) and the "modified causation test" (the vehicle's speed significantly increased the egg's impact and the likelihood of severe injury, establishing an unbroken chain of causation).

The court concluded there was a genuine issue for trial.

The applicant sought judicial review of a decision regarding the retrospective application of an amendment to the Statutory Accident Benefits Schedule capping attendant care benefits.

During the hearing, it was revealed that the applicant's mother's income exceeded the maximum benefit amount, meaning the applicant would continue to receive the maximum benefit regardless of the amendment.

It was also revealed that another insurer, not the respondent fund, was liable to pay the benefits.

The Divisional Court dismissed the application as moot, finding that the outcome would have no practical effect on the rights of the parties and that the case lacked the necessary factual foundation to decide the important issues raised.