S.F. McNamee

Following the release of reasons on June 10, 2003, the parties reached an agreement on costs.

The court fixed costs in the agreed amount of $3,436.50, payable by the appellant to the successful respondents.

The Ministry of Transportation sought to recover $600 paid to a fire department for first aid services provided to victims of a motor vehicle accident from the at-fault driver and owner.

The Small Claims Court dismissed the action.

On appeal, the Divisional Court upheld the dismissal, finding that the claim was for health care expenses rather than property damage.

Under section 267.5(3) of the Insurance Act, the at-fault driver and owner are immune from liability for health care expenses arising from the use or operation of an automobile.