Canadian hit by driver during cancer ride is told by insurance the charity is liable
5 years later, Erin Townley’s civil case remains unresolved, plagued by delays and uncertain end
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Brain Injury Society of Toronto (BIST) @BrainInjuryTO
Erin Townley was hit by a driver 5 years ago, but the civil case lingers as her insurance company has submitted documents suggesting that third parties, including her father and the cancer charity, might share liability for her injuries. This is despite the fact that the driver responsible for the collision was convicted and imprisoned in 2021.
Frustrated by the prolonged process, Townley expressed her desire for resolution and an end to the uncertainty surrounding her situation.
Insurance policy failed her
“I’m really struggling with many of these people who have been listed, and obviously my father, who rode up onto the scene and who witnessed me covered in my own blood with my arm hanging off of my body,” Townley said to the CBC.”I had an insurance policy that was supposed to be there for me in the event something like this ever happened. It’s proven more difficult than what I understood the policy to be.”
TD Insurance, the parent company of Townley’s insurance provider, refrained from commenting on the ongoing litigation, stating in an email to the CBC that its focus is on supporting customers and providing coverage per their policy.
Ride was in 2018
The legal battle stems from a 2018 charity bike ride organized by a group called People On Bikes. The ride was aiming to raise funds for Pancreatic Cancer Canada. Townley, a resident of Calgary, participated in support of her father, the founder of People On Bikes, and to honor her grandmother who succumbed to pancreatic cancer in 2011.
During the ride near Kingston, Ontario, a cyclist hit a pothole. That prompted a van to slow down and provide space for the group. However, a speeding driver passed the van. The motorist then swerved onto the side of the road, and struck several cyclists. This resulted in one fatality and severe injuries for Townley. Jeff Vervaeke, 44 of Waterdown, Ont. was killed.
Driver was uninsured
The driver, Robert Saunders, was convicted in 2021, but was uninsured. Townley filed a 44R claim
(family protection endorsement) against her insurance company, Security National Insurance Company, a TD subsidiary. This clause is designed to protect the client if the at-fault party is uninsured or underinsured.
Insurance company alleges charity didn’t protect riders
Security National is contesting Townley’s claim and, in 2022, filed a third-party claim. It named the two people in the van and Pancreatic Cancer Canada as defendants. The civil claim alleges the charity’s failure to adequately protect participants by ensuring a safe route. The insurance company is now attempting to add three more entities to the third-party list. They are the provincial government (due to the pothole), People On Bikes, and its founder, Gord Townley, who is Erin Townley’s father.
System let her down
While Townley is not accusing TD or Security National Insurance of violating any rules or laws, she feels the system has let her down. Her lawyer, Warren WhiteKnight, contends that the insurance company’s actions have needlessly complicated the case. WhiteKnight emphasizes the challenge in explaining to the average person why entities like the Pancreatic Cancer Foundation or the government should be held responsible for the driver’s actions.
Is driver not solely responsible?
“Any average person off the street could learn the facts of the case and agree that the driver is responsible. Whereas it would be very difficult to explain to an average person off the street why, you know, the Pancreatic Cancer Foundation or the government ought to be responsible for what that driver did,” WhiteKnight said. “If it’s not explainable to an average Joe or Jane on the street, then I think it ought not to be advanced to such a degree where we can’t have our court system functioning properly because of backlogs.”
End is nowhere in sight
Despite this, WhiteKnight remarks that a definite conclusion is not evident. According to him, the actual trial date is expected to be years away as each defendant needs to undergo interviews and present their case.
In contrast, Townley expresses her desire to put the matter behind her.
“It’s incredibly disappointing that almost six years later … I’m still here and I’m still talking about this, and I’m still dwelling on this and that it still consumes a large portion of my life,” she said.
