Louise Russo
Many are familiar with the tragic case of Louise Russo who was shot in a parking lot in North York on April 21, 2004 and rendered a paraplegic. The assailants were tied to the mob and were eventually arrested and pled guilty.
The vehicle used by the assailants had no insurance. Therefore, Russo started a civil action against her own insurance company pursuant to a specific endorsement in Ontario policies that allows coverage for under/uninsured coverage in accidents.
However, the crux of the matter in this law suit was whether or not Russo’s injuries could be defined as being caused by the assailants use or operation of the motor vehicle.
The Defendant insurance company made a Motion before the court to decide this question of law i.e., whether this was the result of the use or operation of a motor vehicle accident.
The Insurance companies Motion was allowed. This meant that Russo’s own insurance company was not liable as per her insurance policy. The Motions Judge made this decision based on the recent precedent regarding the use or operation of a motor vehicle.
Russo’s case had caught the attention and sympathy of many in Toronto. Despite, finding the insurance company not liable the Motions Judge commented:
One can feel nothing but intense sadness and regret for an innocent person like Russo who was unsuspectingly in the wrong place at the wrong time and became the victim of a violent crime. It is certainly not through indifference that the Court arrives at its decision. The profound emotional, social and financial impact the injury has had on Russo's life and health and on her family is not lost on the Court. The Court's flexibility in these matters must be tempered by a consideration best expressed by the Ontario Court of Appeal: "As liberally as one may choose to interpret legislation which provides benefits to those who are injured, it must be remembered that this is automobile legislation. [Alchimowicz v. Continental Insurance Co. of Canada (1996), 36 C.C.L.I. (284) at para. 9].
Russo v. John Doe [2008] O.J. No. 2230 paragraph 38
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