In Diep v. Mac’s Convenience Stores Inc., a man slipped on snow and ice while reaching for his car door in a convenience store parking lot. Although he qualified for Statutory Accident Benefits (SABS) through his auto insurer, he also sued the property owner and winter maintenance contractor for failing to keep the parking lot safe.
The defendants argued that because he received accident benefits, those benefits should reduce any compensation he recovered in his lawsuit.
The Court of Appeal disagreed.
Why this case matters
The decision highlights an important distinction in Ontario personal injury law:
- Accident benefits determine whether you’re entitled to no-fault insurance benefits.
- A negligence lawsuit asks whether another party such as a property owner or snow removal contractor is legally responsible for your injuries.
The fact that a vehicle was involved does not automatically attract the legislative consequences/deductions pursuant to the Insurance Act that applies to automobile lawsuits.
What this means for injured people
If you’re injured in a parking lot, your claim may involve more than one source of compensation. Depending on the circumstances, you could have a claim against:
- A property owner
- A business
- A snow removal contractor
- A municipality
Receiving accident benefits does not necessarily mean those benefits will be deductible from your tort award.
The takeaway
Parking lot accidents often fall into the grey area between automobile insurance and occupiers’ liability. The Court’s decision in Diep reminds us that the key question isn’t simply whether a car was involved—it’s what actually caused the injury.
If you’ve been injured in a parking lot or on someone else’s property, it’s worth speaking with a personal injury lawyer before assuming your only claim is through your auto insurer.
Baldeep Virk is the founder of Virk Personal Injury Law and has practised personal injury law for over 20 years.