The Court of Appeal recently released its highly anticipated decision in Forsythe v. Westfall. Forsythe, an Ontario resident, was injured in a single vehicle accident in British Columbia while riding on a motorcycle owned and operated by Westfall, an Alberta resident. She was treated for her injuries first in British Columbia and Alberta and subsequently in Ontario.
Westfall alleged the accident may have been caused by an unidentified driver. Forsythe pursued damages for her injuries against Westfall (in tort), an Alberta based uninsured/unidentified motorist carrier (Westfall’s insurer), and her own underinsured motorist carrier insurer (44R) in Ontario. Westfall was also sued in tort in British Columbia in an effort to prevent her claim from becoming statute-barred.
Ontario Court of Appeal confirms that a multiplicity of lawsuits arising out of same automobile accident is sometimes necessary
January 2016
Blaney McMurtry LLP, Ontario
