Kell v. Henderson

The defendants have made a motion seeking an order granting permission to the defendants to serve an amended answer setting forth as a complete defense an Ontario guest-host statute which prohibits the bringing of a lawsuit by a nonpaying passenger against the owner or operator of a motor vehicle.

The facts giving rise to this motion are undisputed. Briefly, all the parties to this action are Ontario residents. The action *993was brought to recover money damages for personal injuries sustained by the infant plaintiff on or about June 15, 1963 as the result of a one-car accident which occurred in…