New Brunswick horse-auto collision case puts auto reform in the spotlight

A lawsuit filed last year regarding a car that collided with a horse crossing the road in Memramcook, NB, was recently discussed in court regarding whether or not it is a car or a horse accident.
The problem which has arisen is whether or not the compensation will fall under the auto-insurance reforms in the province that cap certain injury awards.
The incident occurred when on January 16, 2004, Annick Boisvert drove into horses that ran into her path and subsequently collided with at least one of them. Boisvert was injured and her car was damaged as a result of the incident.
Boisvert launched a lawsuit seeking compensation for her injuries against the horses’ owners, Marcel J. LeBlanc and Francine LeBlanc, who Boisvert says did not properly pen their horses.
The case, lawyers say, is complex and may be precedent-setting as it is a technical case as it depends on the interpretation of the Insurance Act, according to lawyers.
The New Brunswick government instituted automobile insurance reforms in 2003 that capped awards for soft-tissue injuries at $2,500, so Boisvert may not receive the amount requested for compensation if the case is ultimately defined as a car collision, meaning it falls under the cap.
The case may see a compensation cap if it is found that the accident did not arise out of the use or operation of the vehicle therefore defined as a non-auto collision.
The opposition says that regardless of the verdict, if Boisvert’s injuries are only minor she should be under the cap.