Supreme Court to hear case of man killed by falling tree
The Supreme Court of Canada has agreed to hear arguments in the case of a Montreal-area man who was killed in 2006 after a tree fell onto his car, killing him instantly.
Gabriel Rossy, 27, was in his vehicle when a windstorm caused a poplar tree to fall onto his car. The coroner’s report found that the tree was rotten and concluded the accident was preventable.
The Rossy family then sued the City of Westmount for $1.3 million, claiming that the City was negligent in its upkeep and maintenance of the tree. A motion was presented to the Court in order to dismiss the action on the ground that the accident was covered by the no-fault legal regime provided for under the Automobile Insurance Act.
In November 2010, Quebec’s Court of Appeal overturned the ruling, stating that the fact Rossy was in his car was not a factor in his death.
On May 19, the Supreme Court of Canada ruled that it would hear the case.
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