In a recent case from the Ontario Supreme Court from March 22,
2019, the Court held that throwing eggs from a moving vehicle was
an ordinary and well-known activity of automobiles, such that
coverage was afforded for the resulting injury.
In Gilbraith v Intact Insurance Company, 2019 ONSC
1875, the front passenger of a motor vehicle threw an egg at the
plaintiff, who was walking on the sidewalk. The plaintiff suffered
an injury to her right eye which would likely result in a permanent
impairment. The owner, driver, and occupants of the motor vehicle
from which the egg was thrown, were not identified. As a result,
the plaintiff commenced a claim against Intact Insurance Company in
accordance with the Family Protection Coverage endorsement of the
standard Ontario policy of automobile insurance, which was issued
to the plaintiff's father.
