Cai v. Qi, 2025 ONSC 1981 (CanLII)
This case, Cai v. Qi, involves a tragic motor coach accident that occurred on June 4, 2018, near Prescott, Ontario. The accident involved a tour group of 34 adults from China, who were traveling through the Eastern United States and Ontario. The motor coach, operated by Union Tour Express Inc., left the highway and collided with a rocky outcropping, resulting in multiple injuries and fatalities. Legal actions were initiated on behalf of the estates of three deceased passengers, 28 injured passengers, and 41 family members. The plaintiffs collectively pursued claims against several defendants, including the transportation provider Union Tour Express Inc. and the driver Jia Qi, as well as other entities involved in the tour and road maintenance.
The court proceedings focused on liability and insurance coverage. Initially, multiple defendants were named, including construction companies and tour organizers, but after extensive investigation, the plaintiffs narrowed their claims to Union Tour Express Inc. and Jia Qi. The driver, Jia Qi, was charged with careless driving under the Highway Traffic Act and pleaded guilty in 2021, receiving a fine and a nine-month license suspension. The plaintiffs sought compensation through Safety Insurance, which provided a $5,000,000 USD settlement. The court approved the pro-rata distribution of these funds among the plaintiffs, ensuring fair compensation for damages, legal fees, and disbursements.
The ruling also addressed procedural matters, including the court’s jurisdiction to approve the settlement and the allocation of funds. The court determined that Safety Insurance was responsible for covering costs beyond the policy limits, and the funds were placed in trust with TD Canada Trust for distribution. The decision reinforced the importance of thorough investigation and collaboration among plaintiffs' counsel, ensuring a fair resolution for all affected parties.
The case Cai v. Oi, 2025 ONSC 1981 references several legal provisions, primarily from the Highway Traffic Act, R.S.O. 1990, c. H.8, which governs road safety and driver responsibilities in Ontario. The driver, Jia Qi, was charged with careless driving under this Act, which outlines penalties for operating a vehicle in a manner that endangers others. Additionally, the case involved insurance law, particularly regarding liability and compensation under Ontario’s Insurance Act, R.S.O. 1990, c. I.8, which regulates insurance policies and claims.