Marc Nicholas Quinn
Ottawa Injury Lawyer
Category Archives: litigation loans
Hit an Animal with your car in Ottawa, Ontario? How about a Moose hitting your car?
What happens when your car hits a moose or a moose hits our your car? In a case of man and machine versus moose, who is liable for injury? The Supreme Court of Newfoundland and Labrador was tasked with the latter question in Hartson v Hunter, 2006 NLTD 59 (CanLII: http://canlii.ca/t/1mxfk). The defendant was travelling on an isolated two-lane portion of the Trans Canada Highway in the evening, when he struck a moose. Almost immediately after, the plaintiff struck the same moose as he was driving his pickup truck in the opposite direction on the highway. The moose crashed through the plaintiff’s windshield, causing him serious injuries. The plaintiff claimed that the defendant was driving in an imprudent manner. According to the plaintiff, the defendant was driving too …
The issue of mandatory insurance for farm ATVs in Ontario – ATV Accidents in Ottawa, Ontario
On July 11, 2014, the Ontario Court of Appeal released a decision of great interest to the farming community, as it relates to All Terrain Vehicles (ATVs). In Matheson v Lewis, 2014 ONCA 542 (http://canlii.ca/t/g80hl), the Court ruled that unmodified ATVs used in the context of farming must be insured if driven on public roadways. Farm ATVs—often used as a speedy way of surveying large swaths of land—do not fall within the “self-propelled implement of husbandry” exception of the Highway Traffic Act, RSO 1990, c H.8 [HTA], which otherwise encompasses farm machinery. The story behind this case is quite sad. Arthur Matheson, a farmer from Perth, gated sheep on a parcel of land at the most westerly part of his 900-acre property. To get to this parcel, he …