Vytlingam v. Farmer

Vytlingam v. Farmer

Majority: The OPCF 44R endorsement's definition of "inadequately insured motorist" includes Farmer and, applying the Amos two‑part test with the endorsement's "directly or indirectly" language, the use of Farmer’s vehicle to transport the boulders and facilitate escape provided the necessary nexus so the injuries arose directly or indirectly from the use or operation of his automobile; therefore respondents are entitled to coverage and the appeal is dismissed.

Citation
C42343
Parties
Plaintiff/respondent: MICHAEL VYTLINGAM (by his Litigation Guardian CHANDRA VYTLINGAM); Plaintiff/respondent: CHANDRA VYTLINGAM; Plaintiff/respondent: SUZANA VYTLINGAM; Defendant/appellant: TODD FARMER; Defendant/appellant: ANTHONY RAYNOR; Defendant/appellant: THE CITADEL GENERAL ASSURANCE COMPANY; Defendant/appellant: CO-OPERATORS GENERAL INSURANCE COMPANY
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
7 June 2005
Procedural Posture
Civil Appeal (insurance/tort) / Appeal From Summary Judgment of the Superior Court of Justice
Outcome
Appeal dismissed; judgment for respondents affirmed; coverage under OPCF 44R declared to apply.
Legal Topics
Family Protection Coverage (opcf 44 R), Underinsured/inadequately Insured Motorist, Causation (use or Operation of Vehicle), Summary Judgment, Statutory Accident Benefits
Source Language
English
Insurance Law Tort Law Civil Procedure Appeals Family Protection Coverage (opcf 44 R) Underinsured/inadequately Insured Motorist Causation (use or Operation of Vehicle) Summary Judgment +1 more

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Parties

MICHAEL VYTLINGAM (by his Litigation Guardian CHANDRA VYTLINGAM)

Plaintiff/respondent

CHANDRA VYTLINGAM

Plaintiff/respondent

SUZANA VYTLINGAM

Plaintiff/respondent

TODD FARMER

Defendant/appellant

ANTHONY RAYNOR

Defendant/appellant

THE CITADEL GENERAL ASSURANCE COMPANY

Defendant/appellant

CO-OPERATORS GENERAL INSURANCE COMPANY

Defendant/appellant

Procedural Posture

Civil Appeal (insurance/tort) / Appeal From Summary Judgment of the Superior Court of Justice

Legal Issues

  1. 1 Whether Todd Farmer qualifies as an "inadequately insured motorist" under the OPCF 44R endorsement
  2. 2 Whether the injuries arose "directly or indirectly from the use or operation of an automobile" (causation/purpose test)
  3. 3 Whether the motions judge erred in entering judgment for plaintiffs on defendant's summary judgment motion

Ratio Decidendi

Majority: The OPCF 44R endorsement's definition of "inadequately insured motorist" includes Farmer and, applying the Amos two‑part test with the endorsement's "directly or indirectly" language, the use of Farmer’s vehicle to transport the boulders and facilitate escape provided the necessary nexus so the injuries arose directly or indirectly from the use or operation of his automobile; therefore respondents are entitled to coverage and the appeal is dismissed.

Court Disposition

Appeal dismissed; judgment for respondents affirmed; coverage under OPCF 44R declared to apply.

Orders

  • Appeal dismissed and respondents entitled to coverage under the OPCF 44R endorsement
  • Costs awarded to respondents fixed on a partial indemnity scale in the sum of 12500.00 inclusive of G.S.T. and disbursements