How have conspiracy allegations been treated in a motor vehicle accident case?

With respect to the issue of merger, Hainey J., relying in part on Hunt v. Carey, found that it was not plain and obvious that the conspiracy allegations merged with the other torts for essentially two related reasons: (1) conspiracy is only one of the torts pleaded and the determination of which tort has been established rests with the trial judge. Only then might the doctrine of merger apply; and (2) the conspiracy claim is founded upon an unlawful act that is itself non-tortious. Breach of section 438 of the Ontario Insurance Act is alleged as the unlawful act in the conspiracy; breach of statute is not of itself tortious or actionable. This makes the conspiracy claim different from the allegations of negligence and fraud such that the conspiracy claim is not merged.