William Walker

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.

The applicant, a member of the Canadian Armed Forces, sought a declaration of entitlement to benefits under an accidental dismemberment insurance policy after losing his leg following complications during knee surgery related to a service injury.

The insurer denied coverage, arguing the loss did not arise from military service and was excluded as resulting from medical or surgical treatment.

The court held the surgery arose out of the applicant’s military service because it was undertaken to address limitations affecting his military career.

The transection of the artery during surgery constituted an accidental injury, and the insurer failed to establish that the exclusion for medical or surgical treatment applied.

The applicant was therefore entitled to the $125,000 dismemberment benefit plus prejudgment interest.