Court puts brakes on slippery slope regarding auto insurance coverage

By Lindsay Lorimer, Rachel Cooper and Joseph Osborne ( July 21, 2021, 12:59 PM EDT) -- The extent to which automobile insurance policies apply to incidents is often a question of causation: did the use or operation of the vehicle directly cause the plaintiff’s loss? The Ontario Divisional Court in Porter v. Aviva Insurance Company of Canada 2021 ONSC 3107 (Porter) recently examined this issue in the context of injuries from a slip and fall over icy conditions. It clarified that, despite finding “but-for” causation, injuries from walking towards an automobile did not count as “use or operation of an automobile,” from which automobile insurance benefits could be accessed....