A person injured by a falling tree while driving may be barred from bringing an action under a no fault automobile regime

An action against City was barred by Quebec’s Automobile Insurance Act in circumstances where a tree maintained by the City fell on the insured’s vehicle while he was driving.

Westmount (City) v. Rossy, [2012] S.C.J. No. 30, June 22, 2012, Supreme Court of Canada, McLachlin C.J. and LeBel, Deschamps, Fish, Abella, Cromwell and Karakatsanis JJ.

The insured was driving when a tree fell on the vehicle he was in, killing him. The insured’s parents and three brothers filed an action against the City on the basis that the City had failed to properly maintain the tree.

The City brought a motion to dismiss the claim on the basis that the action was barred by Quebec’s automobile insurance scheme which is “no fault” and bars civil claims. The issue was whether the insured’s death resulted from an “accident” within the meaning of the Automobile Insurance Act, that is, an event in which injury or damage was “caused by an automobile, by the use thereof or by the load carried in or on an automobile”. The motion judge granted the City’s motion and dismissed the action. An appeal to the Quebec Court of Appeal was allowed. A further appeal to the Supreme Court of Canada was granted and the judgment of the Superior Court was restored.

This case was digested by Cameron B. Elder and edited by David W. Pilley of Harper Grey LLP.

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