Is a motor vehicle a contributory factor in a claim for damages?
Saskatchewan, Canada
The following excerpt is from Saskatchewan Government Insurance v. Cizna and Skolosky, 1986 CanLII 3191 (SK QB):
It should be noted that the point to be looked for is whether the damages were occasioned, meaning in my view, were caused by or were brought about by, a vehicle. In the present case as in the Biggs v. Baker case, the damages were done to the vehicle, not occasioned by it. Hence I find the answer to the question submitted is “no”. That is, the present action is not one “for the recovery of damages occasioned by a motor vehicle”. Order accordingly.
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