Ryan A. Murray

The applicant tripped and fell headfirst into a parked vehicle while running down a street, sustaining catastrophic injuries.

The respondent denied statutory accident benefits, arguing the incident was not an 'accident' under the Schedule.

The Tribunal found that the applicant did make contact with the parked vehicle, that parking is an ordinary use of a vehicle satisfying the purpose test, and that the impact with the vehicle directly caused the injuries, satisfying the causation test.

The Tribunal concluded the applicant was involved in an 'accident' as defined in the Schedule.

The plaintiff brought a motion to strike three jury notices prior to the commencement of a trial involving a complex motor vehicle accident resulting in catastrophic impairments.

The plaintiff argued that the anticipated evidence, including competing expert opinions and the plaintiff's brain injury, would be too complex for a jury.

The court dismissed the motion as premature, applying the 'wait and see' approach, holding that it was speculative to determine the complexity of the evidence before it was presented at trial.

The defendants sought summary judgment dismissing claims arising from a motor vehicle accident following a cottage birthday party where alcohol was consumed.

The plaintiffs alleged the property owners were liable as social hosts and as occupiers of premises, arguing they failed to prevent intoxicated driving and failed to address rocks allegedly obstructing a right-of-way.

The court held the property owners were not social hosts because they neither organized nor participated in the party and did not serve alcohol.

The accident also occurred off their property, and their limited right to use a shared right‑of‑way did not make them occupiers responsible for its condition.

Finding no genuine issue requiring a trial, the court dismissed the action and cross‑claims against them.