ARISING OUT OF THE OWNERSHIP USE OR OPERATION TRACING THE DEVELOPMENT AND QUESTIONING THE TREND OF CANADIAN AUTOMOBILE INSURANCE COVERAGE

Abstract

The writer here reviews the extensive case-law surrounding the phrase "arising out of ownership, use or operation of a vehicle" in insurance law. He concludes that the "purpose test" and the "chain of causation test" have both been read with increasing breadth by the judiciary and as a result the threshold has been lowered. He speculates that an unarticulated "reasonable expectation" test now underpins many judicial determinations in this area of law.