Relke v. Waldner, (1993) 90 Man.R.(2d) 155 (QB)

• Judge: Beard, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: November 29, 1993
• Jurisdiction: Manitoba
• Citations: (1993), 90 Man.R.(2d) 155 (QB)

Relke v. Waldner (1993), 90 Man.R.(2d) 155 (QB)

MLB headnote and full text

Kevin James Relke (plaintiff) v. James Waldner (defendant)

(File No. CI 92-01-63506)

Indexed As: Relke v. Waldner

Manitoba Court of Queen's Bench

Winnipeg Centre

Beard, J.

November 29, 1993.

Summary:

The Manitoba Public Insurance Corp. (MPIC), Relke and Waldner agreed that Beard, J., of the Manitoba Court of Queen's Bench resolve certain questions of law - see paragraph 1. The main issue was the validity of the cancellation of Relke's driving privi­leges and as a result of the cancellation MPIC's denial of Relke's claim for damages arising out of an accident.

The Manitoba Court of Queen's Bench held that the purported cancellation of Relke's driver's licence was not valid.

Insurance - Topic 5123

Automobile insurance - Compulsory gov­ernment schemes - Cancellation of cover­age - Validity - [see Motor Vehicles - Topic 7223 ].

Motor Vehicles - Topic 7223

Licensing and regulation of drivers - Suspension of licence - Notice of suspen­sion, service of - On November 22, 1989 the Manitoba Public Insurance Corp. pur­ported to cancel Relke's driver's licence by sending a letter by certified mail to Relke - However, the letter was returned and marked "unclaimed" - Relke was in an accident on December 21, 1989 - After the accident Relke learned for the first time that his licence was cancelled - The Manitoba Court of Queen's Bench inter­preted s. 273 of the Highway Traffic Act and held that Relke was not notified of the cancellation prior to the accident and, as a result, the cancellation was not effective at the accident date (see paragraphs 8 to 15).

Cases Noticed:

Manitoba Public Insurance Corp. v. Paul (1985), 34 Man.R.(2d) 272 (Q.B.), refd to. [para. 13].

R. v. Zorn (1986), 45 Man.R.(2d) 218 (Q.B.), refd to. [para. 13].

R. v. Shea (1984), 56 N.B.R.(2d) 277; 146 A.P.R. 277 (Prov. Ct.), refd to. [para. 14].

R. v. Simonson (1985), 31 M.V.R. 318 (B.C.C.C.), refd to. [para. 14].

Statutes Noticed:

Highway Traffic Act, S.M. 1989-90, c. 4, sect. 273 [para. 8].

Counsel:

Grant R. Clay, for the plaintiff;

Graham R. Nattress, for the defendant.

This case was heard by Beard, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre. The decision of Beard, J., was delivered on November 29, 1993.