Gabriel Antony Rossy was killed when a tree fell on the automobile he was in. His parents and his three brothers brought an action in civil liability against the owner of the tree, the City of Westmount. But the City sought to have the action dismissed, arguing that the injury was caused by an automobile, that the Automobile Insurance Act applied, and that any ordinary law remedy was therefore barred.
Which indemnification regime applies to injury caused when a person is inside his vehicle: the ordinary law regime or the regime instituted under the Automobile Insurance Act?
March 2012
Stein Monast LLP, Quebec
