Section 5(1) Of The Fault Determination Rules Interpreted

The Court of Appeal recently released a decision in State Farm Mutual Automobile Insurance Company v. Aviva Canada Inc., 2015 ONCA 920 which interprets section 5(1) of the Fault Determination Rules.

Rule 5(1) reads as follows:

5(1) If an incident is not described in any of these rules, the degree

of fault of the insured shall be determined in accordance with the

ordinary rules of law. [Emphasis added]

Background

At the time of the accident, Ali was driving his motorcycle southbound in the curb lane of Yonge Street, approaching the intersection where the accident took place. Some cars were stopped in the southbound passing lane to Ali's left. Meanwhile, Eric was driving his car in the northbound passing lane on Yonge Street. He needed to turn left at the intersection. The intersection does not have traffic lights guiding the flow of traffic. Traffic was heavy. Eric stopped his car in the northbound passing lane and waited for a break in the southbound