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ARTICLE · 10 SEPTEMBER 2020

Lamb v Co-Operators General Insurance, 2020 ONSC 4955

McLeish Orlando LLP
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The Superior Court of Justice in Lamb v Co-Operators General Insurance, 2020 ONSC 4955 recently dismissed the motion for summary judgment brought by Co-Operators, the OPCF 44R insurer.

CanadaLitigation, Mediation & Arbitration
Jamie Davison
Jamie Davison
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"The question is not whether it was possible for Ms. Lamb to identify the driver or record his license plate. Instead, it is whether her failure to do so was unreasonable in the circumstances, which necessarily takes into account her condition in the aftermath of the accident.

.to conclude that Ms. Lamb behaved unreasonably by not prioritizing obtaining the driver's identifying information or recording his license plate would entirely ignore the reality of her situation. At the time, Ms. Lamb was rather obviously not in any condition to collect pertinent information regarding the driver who struck her."

The Superior Court of Justice in Lamb v Co-Operators General Insurance, 2020 ONSC 4955 recently dismissed the motion for summary judgment brought by Co-Operators, the OPCF 44R insurer. Co-Operators argued that the Plaintiff had made no effort to identify the driver or owner of a vehicle that ultimately fled the scene after striking her even though she had

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