Highway Victims Indemnity Fund v. Magnan

Highway Victims Indemnity Fund v. Magnan

The Fund's appeal was dismissed because the Highway Victims Indemnity Act creates an explicit statutory obligation to compensate victims which does not require a claimant to have pursued or preserved a remedy against her own insurer; where the insurer has not paid and remedies against it are prescribed, the insurer does not 'benefit' and the Fund remains liable for the full amount awarded to the claimant.

Citation
[1977] 1 SCR 793
Parties
Appellant (defendant): Highway Victims Indemnity Fund; Respondent (plaintiff): Dame Alice Magnan
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
30 January 1976
Procedural Posture
Civil (motor Vehicles/indemnity Fund) / Appeal to Supreme Court of Canada From Court of Appeal of Quebec
Outcome
Appeal dismissed
Legal Topics
Indemnity Fund Obligations, Subrogation, Prescription, Right to Recover, Transfer of Rights
Source Language
English
Motor Vehicles Insurance Civil Procedure Statutory Interpretation Indemnity Fund Obligations Subrogation Prescription Right to Recover +1 more

Case Brief

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Parties

Highway Victims Indemnity Fund

Appellant (defendant)

Dame Alice Magnan

Respondent (plaintiff)

Procedural Posture

Civil (motor Vehicles/indemnity Fund) / Appeal to Supreme Court of Canada From Court of Appeal of Quebec

Legal Issues

  1. 1 Whether the Fund may deduct amounts corresponding to medical expenses claimant could have recovered from her own insurer but failed to claim
  2. 2 Whether failure to claim from insurer (resulting in prescription) deprives claimant of right to recover from the Fund
  3. 3 Whether insurer's subrogation rights or assignment of remedies prevent Fund liability

Ratio Decidendi

The Fund's appeal was dismissed because the Highway Victims Indemnity Act creates an explicit statutory obligation to compensate victims which does not require a claimant to have pursued or preserved a remedy against her own insurer; where the insurer has not paid and remedies against it are prescribed, the insurer does not 'benefit' and the Fund remains liable for the full amount awarded to the claimant.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Respondent entitled to judgment previously awarded; Fund ordered to pay the judgment in full (total $11,534.77)