Review of the law on the interpretation of exclusion clauses.

Injuries sustained while maintaining vehicle may be an “accident” within the meaning of the SABS.

Adverse costs insurance policies need not be produced in their entirety where the insured is the law firm and not the plaintiffs. To require disclosure would require a breach of the solicitor-client privilege of other clients covered under the policy.

Pursuant to s. 7(3)(b) of the SABS, post-accident business income is deductible from the claimant’s IRBs.

The Court of Appeal affirmed that the term “authorized by law” applies only to licencing and restrictions imposed by the Ministry of Transportation.  A driver who operates a vehicle with alcohol in his system, in breach of his probation order, is not in violation of statutory conditions.

The LAT held that the golf cart is not an “automobile” because the subject accident did not take place on a “common and public driveway”.  As such, the applicant was prohibited from launching an accident benefits claim.