Highway Victims Indemnity Fund et al. v. Martineau

Highway Victims Indemnity Fund et al. v. Martineau

Section 43 of the Highway Victims Indemnity Act must be read subject to s.14 and related provisions; therefore the Fund's liability for accidents caused by an unknown driver is limited to $35,000 and that liability is not extinguished by payments received from other liable parties unless those payments fall within the deduction regime applicable to sums received from the same driver or insurer; factual findings at trial are upheld absent manifest error.

Citation
[1978] 1 SCR 247
Parties
Defendant/appellant: Highway Victims Indemnity Fund; Defendant/appellant: Jeannette Martineau; Defendant/appellant: Allen Robindaine; Plaintiff/respondent: Pauline Martineau
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
29 April 1977
Procedural Posture
Motor Vehicle Tort Appeal / Appeal to Supreme Court of Canada From Court of Appeal for Quebec
Outcome
Appeal of Martineau and Robindaine dismissed with costs; appeal of the Highway Victims Indemnity Fund allowed in part with costs; Superior Court judgment amended to limit Fund liability to $35,000 and to adjust interest computation.
Legal Topics
Indemnity Fund Liability, Unknown Driver Recourse, Limitation of Liability, Interest Computation, Deduction From Judgments, Expert Costs Pleading
Source Language
English
Motor Vehicle Law Insurance Tort Statutory Interpretation Civil Procedure Indemnity Fund Liability Unknown Driver Recourse Limitation of Liability +3 more

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Parties

Highway Victims Indemnity Fund

Defendant/appellant

Jeannette Martineau

Defendant/appellant

Allen Robindaine

Defendant/appellant

Pauline Martineau

Plaintiff/respondent

Procedural Posture

Motor Vehicle Tort Appeal / Appeal to Supreme Court of Canada From Court of Appeal for Quebec

Legal Issues

  1. 1 Whether Highway Victims Indemnity Fund liability under s.43 is limited to $35,000 under s.14
  2. 2 Whether Fund liability is extinguished when victim has received payments from another liable party exceeding $35,000
  3. 3 Whether s.38 deduction applies to amounts received from other defendants

Ratio Decidendi

Section 43 of the Highway Victims Indemnity Act must be read subject to s.14 and related provisions; therefore the Fund's liability for accidents caused by an unknown driver is limited to $35,000 and that liability is not extinguished by payments received from other liable parties unless those payments fall within the deduction regime applicable to sums received from the same driver or insurer; factual findings at trial are upheld absent manifest error.

Court Disposition

Appeal of Martineau and Robindaine dismissed with costs; appeal of the Highway Victims Indemnity Fund allowed in part with costs; Superior Court judgment amended to limit Fund liability to $35,000 and to adjust interest computation.

Orders

  • Appeal of Jeannette Martineau and Allen Robindaine dismissed with costs
  • Appeal of Highway Victims Indemnity Fund allowed; judgment against Fund limited to $35,000 with interest at 5% from date of service and costs