Is a motor vehicle the dominant feature of the claim?
Ontario, Canada
The following excerpt is from Guarantee Co. of North America v. Mercedes-Benz Canada Inc., 2005 CanLII 79671 (ON SC):
As a result, Rouleau J. held that the motor vehicle was the dominant feature of the claim and he concluded that the plaintiff's claim was for damages occasioned by a motor vehicle and that it was statute barred. That decision was subsequently upheld on appeal: See Karakas v. General Motors of Canada Ltd., [2005] O.J. No. 2462, 19 M.V.R. (5th) 137 (C.A.).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a motor vehicle accident in this province, when is the discoverability rule applicable in motor vehicle accidents? (Ontario, Canada)
What is the test for determining whether there is a claim against the owner or operator of the vehicle in a motor vehicle accident? (Ontario, Canada)
Is a motion to extend time for service of a statement of claim in a motor vehicle accident just a "just resolution" of the claim? (Ontario, Canada)
Can a plaintiff claim aggravated damages in a motor vehicle accident claim? (Ontario, Canada)
How is a plaintiff's claim for damages in a motor vehicle accident determined in two separate actions? (Ontario, Canada)
What is the test for determining whether a claim can be discovered in a motor vehicle accident? (Ontario, Canada)
Does a father have to be identified as the registered owner of the vehicle in the purchase agreement of a motor vehicle? (Ontario, Canada)
How has the deemed named insured provision been interpreted in the context of a motor vehicle accident claim? (Ontario, Canada)
What is the test for a plaintiff to bring a claim for negligence in a motor vehicle accident? (Ontario, Canada)
Does a manufacturer’s conduct in the course of business, in the context of an examination of a motor vehicle, constitute a duty of sale to the purchaser of the vehicle at the time of purchase? (Ontario, Canada)
