The Fast & The Furious: Hard Drugs, Fast Cars & Untimely Death

Case Study: Isaac Estate v Matuszynska

In the midst of a crisis, the common law Doctrine of Emergency is a defendant's saving grace.

When faced with a sudden emergency that a driver is not responsible for creating, he or she cannot be held to a standard of conduct of a reasonable driver in ordinary circumstances – the unique and exigent circumstances must be taken into account when measuring the appropriate standard of care and whether or not there was a breach.

On February 23, 2018, in a split-decision, the Ontario Court of Appeal in Isaac Estate v Matuszynska1 upheld a lower court's decision granting summary judgment and dismissing the action, where the Doctrine of Emergency was found to apply in a drug transaction that went horribly wrong.

The Facts

On April 14, 2009, seven individuals occupying two cars met in a dark parking lot behind a bar in London, Ontario to execute a drug deal. The transaction quickly turned sour as an argument ensued between two of the individuals, namely Glen Michael Isaac and Jean Lafontaine. Mr. Isaac was a passenger in Mr. Lafontaine's vehicle, which was owned by IIona Irena Matuszynska. As a result of their quarrel, Mr. Isaac exited the vehicle operated by Mr. Lafontaine and entered the other vehicle. However, he quickly returned with an unknown object which he used to smash Mr. Lafontaine's driver's side window and leap inside the car.

Mr. Lafontaine, in a moment of despair, took evasive action and started driving, all the while fighting off Mr Isaac's attempt to commandeer the steering wheel. Disastrously, the vehicle hit a curb. Mr. Isaac was thrown from the car, struck his head and died instantly.

Mr. Lafontaine admitted that he had consumed crack cocaine prior to getting behind the wheel of the car. Although he was charged with driving while prohibited, breach of a recognizance, and a drug offence, the London Police Service concluded that Mr. Isaac's death was accidental.

The deceased's mother, siblings, and two infant daughters commenced an action in negligence pursuant to the Family Law Act, R.S.O. 1990, c. F. 3 (FLA) alleging, among other things, that Mr. Lafontaine had contributed to the deceased's death. The deceased's mother not only sought damages in her personal capacity but also as estate trustee of her son's estate.

State Farm Mutual Automobile Insurance Company (the statutory third party) and the respondent, IIona Irena Matuszynska, successfully brought motions for summary judgment.

Motions...