DATE: 20040309

DOCKET: C38675

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

[1] The 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.

[2] Accordingly, 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