Life's Injustices

"Driving to work on Monday August 11, 2008 several gunshots were aimed at me. A bullet entered the back of my head, another bullet entered my back shoulder and a third bullet hit my ribs. I then drove into several cars before my vehicule (sic) hit a tree."
"I suffered bad headache pain at the back of my head and neck. I had a hard time breathing, my chest was closing in on me and I had pain in my neck."
Antonio (Tony) Magi, Montreal developer

This was a thorny claim that administrators of Quebec's no-fault automobile insurance plan scratched their heads over in consideration of a claim for compensation. The claim was submitted in 2009, but the tribunal ruling issued on the case was released this year. The man in question, Mr. Magi, was in critical condition, having to spend two weeks in hospital. But he was fortunate to survive the attempted murder that took place in broad daylight.

He had been driving his Range Rover. Had stopped at a red light, on a busy west-end Montreal street. Suddenly someone approached the vehicle's driver side and fired at point-blank range. That man has never been apprehended. But Mr. Magi, 53, survived the murder attempt. And submitted a claim to the Societe de l'assurance automobile du Quebec. It was rejected. He asked for a review. That failed too. He appealed to the Tribunal administratif du Quebec.

Even the tribunal rejected the poor man's request for state compensation. The ruling quoted a 2009 medical diagnosis mentioning a skull fracture, intracerebral hemorrhage, shoulder trauma, broken ribs. And unsurprisingly, major depression. Who wouldn't be depressed, after all, having experienced such a traumatic event in their life? Knowing someone tried to kill them. Not knowing who it was. In all likelihood fearing future repeated attempts.

There had been previous similar claims that were approved for payment; a Quebecer shot while trying to escape a bandit who had accosted him in his car in Florida. Another man who had sought benefits under British Columbia's no-fault insurance for gunshot injuries sustained while desperately attempting to escape a carjacking.

Mr. Magi's wife had a shot fired at her SUV in 2011, a block from their home. A month ago a masked man armed with a gun came close to two security guards stationed outside the Magi residence, but left the scene without firing. Mr. Magi is a former business partner of Nick Rizzuto Jr. son of Mafia boss Vito Rizzuto. Rizzuto Jr. was shot dead outside Mr. Magi's offices in 2009.

"Judges tend to be influenced by the manner in which the accident happened, by the victims involved. And when the victim is not very sympathetic, it definitely doesn't help in getting a reward", caustically observed Daniel Gardner, a professor of law at Universite Laval.