Court to hear no-fault insurance case; Driver killed by tree; 'Question is where do you draw the line?' - Montreal, Canada

Court to hear no-fault insurance case

Canada's top court has agreed to hear an appeal by the city of Westmount over whether it can be sued for negligence in the death of a man crushed by a tree while driving down one of its streets.

The case, which represents the first time the Supreme Court will tackle Quebec's controversial no-fault insurance plan, could have far-reaching implications for how the province's automoblile-insurance board deals with accidents that are not really car accidents at all.

Gabriel Rossy, 27, was killed in August 2006 after a 100-year-old poplar tree on Côte des Neiges Rd. fell on his car during a severe windstorm. According to coroner Paul Dionne, the death was preventable: The tree that fell on Rossy was found to be 90 per cent rotten, and had been "dangerous" for at least one or two years.