The Plaintiff was struck by an automobile that she owned and insured after it was stolen by an uninsured thief. The Court held that because the vehicle was owned by the Plaintiff and she was insured under the Policy, it was not “an uninsured automobile” as defined in the policy or the legislation. For this reason the action against the Defendant Insurer was dismissed.
30. September 2004 0
Fosker v. Thorpe,  O.J. No. 4187, Ontario Superior Court of Justice