Highway Victims Indemnity Fund v. Marach

Highway Victims Indemnity Fund v. Marach

Section 43 creates an independent cause of action against the Fund and ss.36-42 do not apply to judgments under s.43; the judgment against the Fund is a final joint and several liability as a primary debtor and the appellant failed to show that any insurer would benefit from payment, so the appeal is dismissed.

Citation
[1970] SCR 402
Parties
Defendant (appellant): Highway Victims Indemnity Fund; Plaintiff (respondent): Frances Marach; Co Defendant: Claude Therrien
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
27 January 1970
Procedural Posture
Civil Appeal / On Appeal From the Court of Queen's Bench, Appeal Side, Province of Quebec to the Supreme Court of Canada; Judgment Dated 1970 01 27
Outcome
Appeal dismissed
Legal Topics
Unknown Driver Fund, Highway Victims Indemnity Act, Joint and Several Liability, Subrogation, Application for Payment Under S.36, Interpretation of S.43
Source Language
English
Motor Vehicle Law Tort Insurance Law Civil Procedure Statutory Interpretation Unknown Driver Fund Highway Victims Indemnity Act Joint and Several Liability +3 more

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Parties

Highway Victims Indemnity Fund

Defendant (appellant)

Frances Marach

Plaintiff (respondent)

Claude Therrien

Co Defendant

Procedural Posture

Civil Appeal / On Appeal From the Court of Queen's Bench, Appeal Side, Province of Quebec to the Supreme Court of Canada; Judgment Dated 1970 01 27

Legal Issues

  1. 1 Whether s.43 of the Highway Victims Indemnity Act creates an independent right of action against the Fund
  2. 2 Whether ss.36 to 42 of the Act apply to a judgment obtained under s.43
  3. 3 Whether payment by the Fund would result in an insurer benefiting and thus bar payment under s.37

Ratio Decidendi

Section 43 creates an independent cause of action against the Fund and ss.36-42 do not apply to judgments under s.43; the judgment against the Fund is a final joint and several liability as a primary debtor and the appellant failed to show that any insurer would benefit from payment, so the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs.
  • Judgment of the Court of Queen's Bench, Appeal Side, Province of Quebec affirming condemnation against the Fund is confirmed; opposition to writ of execution dismissed.