Does a plaintiff have to be considered a "part" of the motor vehicle by opening the door of the vehicle to open the passenger?
Alberta, Canada
The following excerpt is from Shum Estate v. Dewetter, 2011 ABQB 670 (CanLII):
In Fraser v. Cooperators Insurance Association et al [1984] O.J. No. 3166 (upheld on appeal at [1986] 1.L.R.1-2106), coverage was provided because the passenger did “operate a part” of the motor vehicle by opening the door.
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