The Supreme Court of Canada has decided it will hear a case about an accidental death in Westmount.

Gabriel Rossy was killed in 2006 when a rotten tree fell on his parked car.

His family has been in court ever since in an attempt to to sue the city of Westmount.

A coroner's inquest into Rossy's death ruled it was accidental, since the tree was rotten and could have been removed prior.

In the Rossy family's first round in court, Quebec Superior Court ruled the matter should be handled by Quebec's Automobile Insurance Board, the SAAQ, as a car accident since Rossy was sitting in his car.

However due to Quebec's no-fault law, Rossy's family would not be able to sue the SAAQ for damages.

Quebec's Court of Appeal overturned that decision last year, saying the fact Rossy was sitting in a car was not a factor in his death.

Sharon Rossy, Gabriel's mother, would rather the court battle end.

She said she is "extremely disappointed. It's another step in a long road. It's not fun, but we're getting used to it."

Rossy says having the case heard before the Supreme Court favours the city of Westmount's insurance company Lloyd's of London.

According to Rossy, the insurance firm has said that the Court of Appeal's decision set a dangerous precedent.