If a motor vehicle is the cause of injury to a person who is injured in an accident, is it not the motor vehicle?
Nova Scotia, Canada
The following excerpt is from Eaz-Lift Spring Corp. (Ontario) Ltd. v. Fitzgerald, 1981 CanLII 2654 (NS CA):
This section has been interpreted to apply only if a motor vehicle is the occasion of the damage, i.e., if it is the motor vehicle which brings it about: Heppel v. Stewart et al. (1968), 1968 CanLII 18 (SCC), 69 D.L.R. (2d) 88 at p. 89, [1968] S.C.R. 707 (S.C.C.).
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