Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses the knowledge requirement in regards to automobile insurance.
Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.
Ashley Cardinal was a passenger in a vehicle that was involved in a collision. Unbeknownst to Ms. Cardinal, the vehicle was taken without the consent of the owner. When she was injured in the collision, she filed an insurance claim and her insurance claim was denied on the basis of the fact that the car was being driven by someone other than the owner and therefore she wasn’t insured.
This case raises very important issues regarding fairness when it comes to insurers and what the importance is of knowledge about the status of who is owning and occupying a vehicle. It is not reasonable to expect drivers to tell their passengers whether or not they have the vehicle with the owner’s consent.
Unfortunately, the Supreme Court of Canada didn’t take this opportunity to make things a little bit more fair for the little guy.
Watch the video for more.
