Court of Appeal of Ontario

Wawanesa Mutual Insurance Co. v. Ontario Provincial Police Force (Commissioner)

Date: 2002-04-24

Nancy M. Erickson, for appellants.

Stephen R. Moore and Crystal O'Donnell, for respondents.

Court File No. C36880

The judgment of the court endorsed on the appeal book is as follows:

[1] We agree with the reasons of the majority in the Divisional Court. The appellant contends that the recent decision of the Supreme Court in Derksen v. 539938 Ontario Ltd. (2001), 2001 SCC 72, 205 D.L.R. (4th) 1, supports its position. Even if it is assumed that the conduct of the Ministry and/or OPP constituted separate causes of the accident, it cannot be said that any part of bodily injury suffered did not arise through use and operation of an automobile.

[2] Appeal dismissed with costs of $7,000 all inclusive, including leave to appeal motion.

Appeal dismissed.