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ARTICLE · 22 APRIL 2019

Egg On Your Face - You May Have A Claim

McCague Borlack LLP
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The car and its occupants remain unidentified.

CanadaLitigation, Mediation & Arbitration
Howard Borlack
Howard Borlack
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In Gilbraith v. Intact Insurance Company,1 the Ontario Superior Court of Justice offered clarification on the degree of assistance an expert report submitted as an attachment to a solicitor's affidavit can provide in a summary judgment motion. The Court also determined whether the throwing of an object out of a moving vehicle classified as an intervening act sufficient to break the causative link between the plaintiff's injuries and the use and operation of a motor vehicle. This case is significant as it introduces unique analysis that can be used to attribute more injuries to the use and operation of an automobile as well as provide an additional tool to defend a summary judgment motion.

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