An Earthquake In The World Of Personal Injury

The Supreme Court of Canada released its decision in the application for leave to appeal by the Plaintiff in the matter of McIver v McIntyre. The Court declined to hear the Plaintiff's Appeal, upholding the findings of the Alberta Court of Appeal. This decision has the potential to be an earthquake in world of personal injury and insurance law in Canada. The case relates to whether an injured party or the Workers' Compensation Board by way of subrogated claim can recover against an owner and lessor of a vehicle involved in a motor vehicle collision when it played no part in the events of the collision, and had no supervision over the tortfeasor. This decision reinforces bar against litigation found in the Worker's Compensation Act and will be of particular interest to companies involved in the leasing of vehicles as the decision protects them from claims when they had little to no supervision or control over the driver.