Summary

Keywords

Courts — Jurisdiction — Insurance — Automobile insurance — Scope of s. 280 of the Insurance Act — Applicant injured in motor vehicle accident and bringing action concerning how her automobile accident insurer administered her claims for statutory accident benefits — Action dismissed by lower courts for lack of jurisdiction and no tenable cause of action — Whether s. 280 extinguishes all common law torts — Whether s. 280 confers upon tribunal power to adjudicate and remedy tortious conduct of third-parties — If so, whether s. 280 encroaches upon inherent/core jurisdiction of superior courts — Insurance Act, R.S.O. 1990, c. I-8, s. 280.

Summary

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The applicant was injured in a motor vehicle accident and brought an action concerning how her automobile accident insurer administered her claims for statutory accident benefits. She sued several people including the insurance company, employees of the insurance company, health professionals and a software developer who developed a document management computer program used in the automobile accident insurance industry. Some of the respondents brought a motion to strike the claim.

The motion judge dismissed the applicant’s action. The Court of Appeal dismissed the appeal.

Lower Court Rulings