This appeal concerned the interpretation of an exclusion clause (s. 1.8.2) in the standard Ontario Automobile Policy regarding uninsured motorist coverage for passengers in a stolen vehicle.
The motion judge had ruled that the exclusion applied to the plaintiff passenger, Joshua Burnham, even if he did not know the vehicle was stolen, thereby shifting liability to the Motor Vehicle Accident Claims Fund.
The Court of Appeal reversed this decision, holding that the exclusion does not apply to innocent passengers in the insured vehicle, aligning with the policy's legislative history and purpose to expand coverage and reduce reliance on the Fund.
