Does a motorcyclist who tripped over a parked motorcycle and struck a parked truck, causing serious injuries, have to be treated as an "ancillary or fortuitous act" in the context of the accident?

Ontario, Canada


The following excerpt is from 17-006380 v Liberty Insurance, 2018 CanLII 97835 (ON LAT):

The applicant disagrees and submits that there was no intervening act, which was not part of the “ordinary course of things.” She relies upon Economical Mutual Insurance Company v. Caughy, 2015 ONSC 3251, where the insured was playing with his daughter in the dark, and chasing after her when he tripped over a parked motorcycle and struck his parked truck causing serious spinal cord injuries. The court held that there was an unbroken chain of causation and that the parking of the motorcycle, in these circumstance, was not merely ancillary or fortuitous to the injuries, and that there was no intervening or distinct act that was not part of the “ordinary course of things” or not a normal incident of the risk to pedestrians created by the use or operation of the motorcycle parked in that fashion.

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