The applicant disagrees and submits that there was no intervening act, which was not part of the “ordinary course of things.” She relies upon Economical Mutual Insurance Company v. Caughy, 2015 ONSC 3251, where the insured was playing with his daughter in the dark, and chasing after her when he tripped over a parked motorcycle and struck his parked truck causing serious spinal cord injuries. The court held that there was an unbroken chain of causation and that the parking of the motorcycle, in these circumstance, was not merely ancillary or fortuitous to the injuries, and that there was no intervening or distinct act that was not part of the “ordinary course of things” or not a normal incident of the risk to pedestrians created by the use or operation of the motorcycle parked in that fashion.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.