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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101013
Experience:  Lawyer
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I hope you are doing well. I would have a question

Customer Question

HI, I hope you are doing well. I would have a question concerning Ontario law.
My boyfriend is a PR in QUEBEC and had a car accident in OTTAWA:
1) He doesn't have any car insurance in Quebec, only a driver licence;
2) He rented a car in Ottawa using his credit card;
3) He refused the car rental company's insurance because he thought that he already have an insurance on his credit card;
4) He did an accident in Ottawa ( U-turn when it was not permitted) and had an accident;
5) The credit cart company ONLY covers material damages. It covered both of the cars but now, 2 yearslater, he received a motion for physical damages at his house in Montreal.
My questions :
1) according to the regulation 7/100 and the O.P.F. 2 the other's person car insurance was not supposed to cover the physical damages since my boyfriend was not covered by any physical damage insurance?
2) What about the financial services commission of ontario?
3) Also, to be able to serve him in Quebec without a court autorisation, they said that he was drunk ( illicite action), but that FALSE , there is no PRROF or ACCUSAITON, and the police was there, and he was not accused of anything. Can we ask for an order setting aside the service?
4) Can we ask for the case to be heard in Quebec?
Submitted: 11 months ago.
Category: Canada Law
Expert:  Debra replied 11 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 11 months ago.

I am not following. How was he served?

Customer: replied 11 months ago.
Hello I am sorry i didnt know how this system works.. he received the court procedure from a bailif in montreal
Expert:  Debra replied 11 months ago.

So why would the service be set aside then? It sounds like he was served personally.

Or are you saying he was not served with the claim but just with the judgment?

Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 11 months ago.
n oi think i did a mistake..i am a lawyer myself but in Quebec i tried to read the procedure code in Ontario. i found that you need an autorization to make a service outside Ontario, except if he comited a tort in Ontario.
Expert:  Debra replied 11 months ago.

I am not following.

I am a lawyer in Ontario and not Quebec.

There did not need to be any authorization at all.

So if he was served personally that is correct.

And if the accident was in Ottawa there is no way to move the trial to Quebec.

I don't know why you feel there could be a complaint to the Financial Services Commission. Please explain that but as I see the facts he made a serious error and thought he was insured and was not so he is being sue and has no insurance. I don't see any other error but please explain what you are thinking.

Customer: replied 11 months ago.
ok maybe I am not being clear.O lives in Quebec and do not owe a vehicule , which means he doent have any insurance on a vehicule in Quebec.
O rents a car to go to Ottawa and refuses all the insurance protection suggested buy the rental company because he rented the car using his credit card which offers him a Damages and loss insurance.
O and A have an car accident in Septembre 2014.
O was doing a Uturn and A was driving fast.
The police arrives and gives a ticket to O for unsafe Uturn.
The material damage was covered by the credit card damage insurance.
On June 2016 , A issues a court claim for 180 000$ for physical damages against O and rental company.
The claim is served on October 2016.
The claim says that O was drunk. Which is FALSE it was 2 pm, and no police report about anyone being drunk. Also, O has a witness, someone with him in the car.
The claim says that Utuen was illegal, which is not the case. O took a picture of the accident, there is no sign of prohibitten Uturn on the light and A was driving very fast.We made some research and found on the rental contract a liability protection that is not optional and that covers the minimum legal (2000.000$) BUT
1) Is O protected by this clause ?
2)A sued the WRONG rental company on the motion lol his delay is not prescribed against the rental company?
3) the motion says that O was drunk ( false), there is no way A will prove this but the rental company will obviously refuse to cover a drunk driver
4) can O be found guilty for the damages and have to pay it himself ( no insurance) if he did a Utuen and had an accident with A? O's car was destroyed because A was driving fast..I hope this is clearer THANKS
Expert:  Debra replied 11 months ago.

1) O exempted himself out of this coverage by stating that he had coverage elsewhere. He was in error of course but it was his error. So unless he can show that he was not told he was exempting himself out of this coverage he won't be covered. He should look at the rental contract. He likely initialed a provision saying he is opting out because he had his own coverage.

2) In Ontario the limitation period is 2 years. If the Claim was issued more than two years after the accident it is too late to sue.

3) This is will covered by a trial. O will deny it outright in his defence. But he isn't being covered anyway so it's not an issue for the insurance company as far as I understand it.

4) If the court finds O to be liable they will award damages. If they find that A contributed to the accident by going too fast then perhaps the damages will be divided in half.

Does that help?

Expert:  Debra replied 11 months ago.

Is there anything more I can help you with at this point in time?