Hruska v. Bridges Golf Club Ltd. (c.o.b. Bridges Golf Course)

[2010] M.J. No. 257

2010 MBQB 191

Manitoba Court of Queen's Bench

B.L. Keyser J.

August 18, 2010

The Plaintiff Insured was a passenger in a golf cart driven by a third party along a golf cart path on the premises of the Defendant Bridges Golf Course. As the golf cart was being operated, the Insured suffered an injury to his right leg. He started a claim against Bridges Golf Course alleging negligence. The Defendants denied any responsibility and claimed that the Insured's injury was covered by Part II of The Manitoba Public Insurance Corporation Act, C.C.S.M., c. P215 (the "MPIC Act").

The Court found that the bodily injury to the Insured was caused by an accident involving an automobile as defined in Part II of the MPIC Act. The Court therefore held that the Insured's Action against Bridges was statute barred in tort as he was entitled to no fault compensatory benefits under the MPIC Act.