In this case, the Plaintiffs were all Family Law Act claimants. Their claims related to the death of an individual who died in a motor vehicle accident in Ontario. The deceased had been a resident of Quebec, as was the Defendant. Three of the FLA claimants were residents of Quebec and three were residents of Ontario. The Defendant argued that Quebec law should apply, which would bar the Plaintiffs from bringing their action because of Quebec’s no-fault motor vehicle accident regime. Justice Maranger dismissed the motion holding that Ontario law applied and that the Plaintiffs were entitled to commence claims under the FLA. Justice Maranger acknowledged that the three Quebec-based Plaintiffs were receiving no-fault benefits from the Quebec plan, but concluded that it was not an injustice to allow those Plaintiffs to pursue their FLA claims.
Menu