Motor Vehicle Accident In Quebec For A Non Resident ' Quebec Law Still Applies!

• Published date: 25 January 2023
• Subject Matter: Litigation, Mediation & Arbitration, Transport, Rail, Road & Cycling, Personal Injury
• Law Firm: Pallett Valo LLP
• Author: Ms Sudevi Mukherjee-Gothi

Neston v. Quadri was heard at the end of December and is an Ontario Superior Court of Justice action that dealt with whether personal injuries arising from a motor vehicle accident involving two Ontario residents, which took place in Quebec can be the subject of a civil action for damages. A Rule 21 motion was brought to determine whether the action could proceed.

The defendant brought a motion for a determination of law citing that since the incident took place in Quebec, Quebec law applies and the plaintiff has no right to bring a civil action for her injuries.

However, the plaintiff argued that because both the plaintiff and defendant resided in Ontario, that the proper forum would be Ontario.

Quebec's Automobile Insurance Act , s. 83.57, provides that no action may be brought to recover damages from an at-fault driver for bodily injury caused by a motor vehicle accident that takes place in Quebec.

This was upheld by the Supreme Court of Canada in Tolofson v. Jensen; Lucas (Litigation Guardian of) v. Gagnon, 1994 CanLII...