COURT OF APPEAL FOR ONTARIO
RE:
CHING-YEE KWOK (Appellant/Plaintiff) v. HER MAJESTY THE QUEEN as represented by the Minister of Finance of Ontario (Respondent/Defendant)
BEFORE:
McMURTRY C.J.O., MOLDAVER AND CRONK JJ.A.
COUNSEL:
Altor Shields
for the appellant
Bruce Chambers
for the respondent
HEARD & ENDORSED:
March 9, 2004
On appeal from the order of Justice Matlow dated July 3, 2002.
A P P E A L B O O K E N D O R S E M E N T
1The appellant was not involved in the accident and she did not have first party insurance. She was not entitled to statutory benefits under any insurance policy. She therefore had no recourse against the Fund under s. 6 of the Motor Vehicle Accident Claims Act.
2Accordingly, for the reasons given by the motions judge, with which we agree, the appeal is dismissed with costs fixed in the amount of $1,500.00