Background:
Lenny Morin applied for summary judgment against Saskatchewan Government Insurance (SGI), contesting SGI’s denial of permanent impairment benefits (PIB) under The Automobile Accident Insurance Act following a 2011 single-vehicle rollover accident. Mr. Morin suffered catastrophic injuries, including a traumatic brain injury. SGI denied PIB, alleging he was impaired and more than 50% at fault for the accident.

Legal Issues:

1. Whether SGI properly denied benefits under section 175 of the Act.

   • Did SGI prove Mr. Morin was more than 50% at fault?

   • Did SGI prove Mr. Morin was impaired to the extent he lacked proper vehicle control?

2. Whether the case warranted summary judgment.

Court’s Analysis:

• SGI demonstrated Mr. Morin was more than 50% at fault, relying on accident evidence and section 256(1) of The Traffic Safety Act, which shifted the onus to Mr. Morin to show otherwise. The court rejected claims about wildlife, road conditions, or mechanical failure contributing to the accident.

• Expert testimony indicated Mr. Morin’s blood alcohol level was high enough to impair his driving. The court dismissed contrary evidence, including an expert’s qualifications and assumptions.

Conclusion and Award:
The court ruled SGI met the burden of proof under section 175 of the Act and dismissed Mr. Morin’s application. SGI was awarded costs of $1,000.