Grégoire v. Les Placements Monfer Inc., [2016] QCCQ 4845.
The Court had to decide whether the injury suffered while exiting a motor vehicle constitutes a motor vehicle accident under the rules on compensation in the Automobile Insurance Act (the “Act”) or if it falls within the jurisdiction of the general civil liability regime.
On February 13, 2013, Jean-Yves Grégoire (“Grégoire”) was injured when he slipped and fell on an icy surface as he was exiting his truck. He instituted a claim for damages in the Court of Quebec against the landowner, Les Placements Monfer Inc., which called in warranty the snow removal company, Lesage Transport. The latter parties maintain that the action is inadmissible, because it falls within the jurisdiction of the Act and they impleaded the Société de l’Assurance Automobile du Québec (“SAAQ”).