Gilbraith v. Intact Insurance Company, 2019 ONSC 1875

The plaintiff was injured when the passenger of an unidentified vehicle threw eggs at her. She commenced claims against Intact pursuant to the family protection coverage endorsement to her father’s auto policy, and against the Superintendent of Financial Services seeking the mandatory uninsured automobile coverage for damages occasioned by an unidentified motor vehicle when the plaintiff is not insured. The defendants brought summary judgment motions, arguing that the incident was not an automobile accident for which the plaintiff could receive coverage. Justice Sosna dismissed the motions, holding that the incident met both the purpose and modified causation tests for an automobile accident. Regarding the purpose test, the Court found that the driver was transporting passengers and cargo (eggs), which are well-known activities involving the use of an automobile. With respect to causation, the Court was compelled by an expert report which set out that absent the speed and kinetic energy imparted into the egg by the vehicle, the plaintiff would not have suffered injuries to the extent that she did and that the operator’s driving above the speed limit furthered the plaintiff’s injury.