HSH is very pleased to welcome a new associate to their team, Corey Sax.
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Parking Lot Deemed Not to be a Highway Lamsar v. Bajaj 2008 CarswellOnt 2547 The Plaintiff was seriously injured when the Defendant backed her car into him, pinning him between her vehicle and a cement planter in the parking lot of a driving education centre. The Defendant Insurer argued that the driver was not “authorized by law” to operate a motor vehicle. Given that she was breaching one of the conditions of her G1 licence by driving alone, the Insurer denied coverage to the Defendant and added itself as a Statutory Third Party. Meghan Hull successfully argued that the driving restrictions did not apply as the parking lot, which was privately owned, should not be considered a highway despite the fact that it had some public features. Madame Justice Herman examined both the case law and the nature of the specific parking lot and decided that the parking lot was not a highway. Accordingly the Insurer’s exposure should not be reduced to the $200,000 statutory minimum, but rather remained at its $1,000,000 limits. Costs of the motion were fixed to be paid to the Plaintiff in the amount of $12,000.00. The decision was not appealed.
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"Law must be stable, and yet it cannot stand still." ~ Roscoe Pound
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