Too Close For Comfort: Motion To Strike Bystander's Claim Fails

In Bustin v. Quaranto, 2023 ONSC 5732, the Court denied a defendant's motion to strike a bystander's claim that they suffered physical and mental injuries after witnessing a double-fatality motor vehicle collision. The Plaintiff was not involved in the collision and did not have any relationship with the victims, however, the Court found that their physical proximity was enough to succeed against the motion to strike.

Facts

The incident arose out of a fatal motor vehicle collision that occurred on King Vaughan Road in Vaughan, Ontario. The Defendant, who was alone, was driving one of the vehicles while the second vehicle had two occupants, who were both killed in the collision. The Plaintiff was not directly involved in the collision, rather he witnessed the collision from a near-by property.