Injuries Sustained by Taxi Driver During Assault in Taxi did not Arise out of Use of Motor Vehicle

Injuries sustained by taxi driver during an assault in his taxi did not arise out of the use or operation of a motor vehicle.

Kwong v. Ostrom, [2013] O.J. No. 2351, May 14, 2013, Ontario Superior Court of Justice, B.A. Allen J.

The insurer brought a motion for summary judgment dismissing the action of the insured. The insured was a taxi driver who sued for damages when he was stabbed by a passenger. The taxi operated by the insured was insured by the insurer. The issue was whether the insured’s injuries arose out of the use or operation of a motor vehicle.

The court granted the insurer’s application for summary judgment on the basis that the insured had not established that the use or operation of the vehicle was the cause of his injuries. The court held that a motor vehicle is required to have directly caused the injuries. In this case, it was not clear whether the taxi was motoring at the time of the assault but, even if it was, there was no evidence that the knife with which the insured was assaulted had come into contact with the vehicle. The court also found that there was no evidence of any intent to rob the insured. Accordingly, the court was satisfied that there were no genuine issues requiring a trial.

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

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