Prasad v. Gan Can. Ins. Co., (1996) 14 O.T.C. 155 (GD)

• Judge: Herold, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: September 04, 1996
• Jurisdiction: Ontario
• Citations: (1996), 14 O.T.C. 155 (GD)

Prasad v. Gan Can. Ins. Co. (1996), 14 O.T.C. 155 (GD)

MLB headnote and full text

Priya Prasad (plaintiff) v. Gan Canada Insurance Company (defendant)

(File No. C35214/95)

Indexed As: Prasad v. Gan Canada Insurance Co.

Ontario Court of Justice

General Division

Brampton

Herold, J.

September 12, 1996.

Summary:

The plaintiff was the named insured in a motor vehicle insurance policy issued by the defendant. The plaintiff was injured in a motor scooter accident in Mexico. The plaintiff sued the defendant to enforce a claim for accident benefits under her policy. The policy limited coverage to incidents in Canada and the United States and was approved by the Commissioner of Insurance. However, s. 268(1) of the Insurance Act required that every policy provide the no fault benefits set out in the Statutory Accident Benefits Schedule in Regulation 776/93. The Schedule had no territorial limits. Conversely, it provided for benefits for extra-territorial accidents. Further, s. 4 of the policy provided that the Schedule prevailed in the event of a conflict between the policy and the Schedule. The defendant sought summary judgment under rule 20 to dismiss the action or, alternatively, determination of an issue before trial under rule 21.

The Ontario Court (General Division) held that the wording of the Schedule prevailed and the plaintiff had insurance coverage under the policy for accident benefits for injuries suffered in a Mexico accident.

Insurance - Topic 1041

The insurance contract - Official approval of policy terms - General - See paragraphs 16 to 20.

Insurance - Topic 5004.1

Automobile insurance - Compulsory government schemes - Territorial coverage limits - See paragraphs 1 to 22.

Statutes Noticed:

Civil Procedure Rules (Ont.), rule 20, rule 21 [para. 1].

Insurance Act, R.S.O. 1990, c. I-8, sect. 243 [para. 8]; sect. 268(1) [para. 14].

Insurance Act Regulations (Ont.), Statutory Accidents Benefits Schedule, Reg. 776/93, generally [para. 13].

Statutory Accident Benefits Schedule - see Insurance Act Regulations (Ont.).

Counsel:

Harry P. Brown, for the defendant;

R. Shawn Stringer, for the plaintiff.

This motion was heard on September 4, 1996, before Herold, J., of the Ontario Court (General Division), who delivered the following judgment on September 12, 1996.