When the damage suffered was not caused by a car, its use or its cargo, civil liability cannot be attributed to the Société de l'assurance automobile du Québec (SAAQ), but falls under common law.
A tree belonging to a municipality falls on a car driving on a public road and kills one of the occupants. Who can be held responsible: the municipality or the Société de l'assurance automobile du Québec (SAAQ)?
In its analysis, the court recalls that the SAAQ "was not designed to eliminate the principles of civil liability in all cases where the victim is in a car". Reviewing several court decisions, the Court* thus reminds that the law does not apply if:
Following the analysis of case law, the court concludes in this case that the damage suffered by the family "was not caused by a car, its use or its loading". Therefore, civil liability cannot be attributed to the SAAQ, but rather falls under common law.
In a car, you always have the freedom to choose your route, but the same cannot be said for the laws that govern you.
*CA 500-09-019100-080
This browser does not support this kind of file. Please download the file to view it: Download the file