The plaintiff, Adam Gardner, sued John Doe Driver, John Doe Owner, and TD General Insurance after an automobile accident, alleging an unknown vehicle was the sole cause.
TD General Insurance, Gardner's insurer, brought a summary judgment motion to dismiss the action against it, arguing that an identified vehicle (Mr. Curtis's) was involved, which would preclude coverage under s. 265(1) of the Insurance Act.
The court granted TD Insurance's motion, finding on a balance of probabilities that the accident was not caused solely by an unknown vehicle, but rather by Gardner's vehicle striking Curtis's vehicle.
