The plaintiff commenced an action for personal injuries arising from a motor vehicle accident. At the material time, the plaintiff was an excluded driver on a Wawanesa insurance policy. The defendant discovered the exclusion and brought a motion for summary judgment pursuant to section 267.6 of the Insurance Act which provides that a person is not entitled in an Ontario action to recover loss or damage from bodily injury arising from use or operation of a motor vehicle if at the time of the incident the person was in contravention of subsection 2(1) of the Compulsory Automobile Insurance Act in respect of that automobile. Justice Del Frate found that the excluded driver endorsement could “…not be any clearer on the consequences of operating the motor vehicle as an ‘excluded driver'”. He granted the defendant’s motion for summary judgment and dismissed the action.
