The victim was shot by a hunter who had stopped his truck, left the engine running, and negligently fired at what he thought was a deer.
The victim sought to recover damages from the hunter's automobile insurer under s. 239(1) of the Insurance Act, arguing the injuries arose directly or indirectly from the use or operation of the vehicle.
The Supreme Court of Canada held that the shooting was an act independent of the use or operation of the truck, breaking the chain of causation.
The insurer's appeal was allowed, and the claim against the insurer was dismissed.
