What is the test for determining "property damage" in a motor vehicle accident?

Alberta, Canada


The following excerpt is from Roadway Construction Ltd. v. Ing Western Union Insurance Company, 2008 ABQB 367 (CanLII):

Roadway submitted that the decision of Ontario v. Fatehi[15] applied here. There the court found that “property damage” occurred when a negligent driver caused an accident which left a publicly used highway littered with debris and gasoline resulting in a closure of the highway until it was cleaned up. The analogy fails. In Fatehi an accident or occurrence caused by the driver was clearly alleged as was the resultant loss of use of the plaintiff’s property. Such cannot be said for the case at bar for the reasons I have earlier given. Fatehi is distinguishable.

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