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Car Accident – Removing Snow from a Parked Car does not Constitute an Accident in the Eyes of the Law – Liability Insurer Ordered to Indemnify a Person who Fell While Removing Snow from his Car

March 18, 2018

Blackburn v. Vaillancourt, 2017 QCCS 3499

Laval Blackburn (“Blackburn“) instituted a claim for damages against Marie-Josée Vaillancourt (“Vaillancourt“) after he fell while removing snow from his car on Vaillancourt’s property.

The Facts

On March 8, 2014, Blackburn found himself on Vaillancourt’s property. When he was leaving, enough snow had fallen that he had to clear the snow from his vehicle. During the snow removal process, Blackburn slipped and fell on a sheet of ice and was seriously injured. He submitted a claim to the Société de l’assurance automobile de Québec (“SAAQ“), contending that the fall was due to a motor vehicle accident.

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