<A Tort Analysis>

-How is the degree of fault determined for a tort analysis?

-Intact Insurance that paid my MVA client should seek compensation from the other party’s insurer (Aviva Insurance) if the fault is determined clearly under the loss transfer provisions of the Insurance Act, R.S.O. 1990, c. I.8.

<Rule 3 of the Fault Determination Rules>

-Circumstances in which the incident occurs, including weather conditions, road conditions, visibility or the actions of pedestrians;

-Or Location on the insured’s automobile of the point of contact with any other car in MVA.