Grace v. MPIC, (1988) 52 Man.R.(2d) 75 (CA)

• Judge: Huband, Philp and Lyon, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: January 22, 1988
• Jurisdiction: Manitoba
• Citations: (1988), 52 Man.R.(2d) 75 (CA)

Grace v. MPIC (1988), 52 Man.R.(2d) 75 (CA)

MLB headnote and full text

Margaret Grace (applicant/appellant) v. The Manitoba Public Insurance Corporation (respondent/respondent)

(Suit No. 171/87)

Indexed As: Grace v. Manitoba Public Insurance Corp.

Manitoba Court of Appeal

Huband, Philp and Lyon, JJ.A.

April 19, 1988.

Summary:

Grace, a Manitoba resident, was disabled in a car accident in Wisconsin, U.S.A. She received disability benefits from the Manitoba Public Insurance Corporation (M.P.I.C.), and subsequently recovered damages in a Wisconsin lawsuit. Grace applied for a determination of whether the M.P.I.C. was entitled to be subrogated to her rights under the Wisconsin damage award.

The Manitoba Court of Queen's Bench, in a decision reported 47 Man.R.(2d) 280, dismissed her application, holding that the M.P.I.C. was entitled to subrogation. Grace appealed.

The Manitoba Court of Appeal dismissed her appeal.

Insurance - Topic 5241

Automobile insurance - Compulsory government schemes - Insurer's subrogation rights - General - A Manitoba resident was totally disabled in a car accident in Wisconsin and recovered damages in an action there - She also received disability benefits from the Manitoba Public Insurance Corporation (M.P.I.C.) - The Manitoba Court of Appeal affirmed that the M.P.I.C. was entitled to be subrogated to her rights against the Wisconsin tortfeasor.

Cases Noticed:

Prudential Life Insurance Co. Ltd. v. Manitoba Public Insurance Corp. (1976), 67 D.L.R.(3d) 521, refd to. [para. 12].

Manitoba Public Insurance Corporation v. R.W. From Ltd. and Juenke, [1981] 5 W.W.R. 20; 12 Man.R.(2d) 27 (C.C.), refd to. [para. 18].

Statutes Noticed:

Automobile Insurance Act, S.M. 1970, c. 102; C.C.S.M., c. A-180, sect. 1(1)(cc) [para. 9]; sect. 21 [para. 16]; sect. 21(1) [paras. 9, 15, 18]; sect. 21(2) [paras. 9, 10, 11, 15]; sect. 21(2)(a)(iii) [paras. 9, 10, 14, 17]; sect. 21(2)(c) [para. 12]; sect. 21(2)(d) [para. 13].

Manitoba Public Insurance Corporation Act - see Automobile Insurance Act.

Counsel:

M.T. Green and K.L. Dixon, for the appellant;

K.M. McCulloch and J.G. McKelvey, for the respondent.

This appeal was heard on January 22, 1988, before Huband, Philp and Lyon, JJ.A., of the Manitoba Court of Appeal. The following decision of the Court of Appeal was delivered on April 19, 1988, by Huband, J.A.