I wonder if this counts as an automobile accident and so falls under no fault insurance. The leading case on this is also from Westmount, when a tree in Westmount fell onto a stopped or moving car on CDN in Montreal and killed an occupant in the car, and they sued Westmount for not cutting down an old tree that was at high risk of falling and Westmount’s insurer, who was to pay, said it was an automobile accident so they had to file the default compensation with the SAAQ, which the Supreme Court agreed with unanimously, overruling the court of appeal. But then the car was being used for transportation, but this time it seems it was parked and he was just sitting in it, so it’s unclear if the law applies; it might turn on the engine being on or not.
Tyrone 05:58 on 2026-03-11 Permalink
And if he gets more than $1,000 for being hurt, I would be extremely surprised
Nicholas 13:17 on 2026-03-11 Permalink
I wonder if this counts as an automobile accident and so falls under no fault insurance. The leading case on this is also from Westmount, when a tree in Westmount fell onto a stopped or moving car on CDN in Montreal and killed an occupant in the car, and they sued Westmount for not cutting down an old tree that was at high risk of falling and Westmount’s insurer, who was to pay, said it was an automobile accident so they had to file the default compensation with the SAAQ, which the Supreme Court agreed with unanimously, overruling the court of appeal. But then the car was being used for transportation, but this time it seems it was parked and he was just sitting in it, so it’s unclear if the law applies; it might turn on the engine being on or not.