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.
