Difference between revisions of "When You Can Still Sue (12:VII)"
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However, s 116(2) of the ''IVA'' outlines certain exceptions in which those injured in a motor vehicle accident can sue for certain non-pecuniary and non-compensatory damages (non-pecuniary damages are those that are difficult to assign a number value to, such as pain and suffering damages. Non-compensatory damages are those that are not meant to directly compensate for the injury, such as punitive damages, which are designed to punish the defendant). The exceptions in which a person injured in a motor vehicle accident can still bring a lawsuit for non-pecuniary and non-compensatory damages are: | However, s 116(2) of the ''IVA'' outlines certain exceptions in which those injured in a motor vehicle accident can sue for certain non-pecuniary and non-compensatory damages (non-pecuniary damages are those that are difficult to assign a number value to, such as pain and suffering damages. Non-compensatory damages are those that are not meant to directly compensate for the injury, such as punitive damages, which are designed to punish the defendant). The exceptions in which a person injured in a motor vehicle accident can still bring a lawsuit for non-pecuniary and non-compensatory damages are: | ||
:a) a vehicle manufacturer, respecting its business activities and role as a manufacturer; | |||
b) a person who is in the business of selling vehicles, respecting the person's business activities and role as a seller; | :b) a person who is in the business of selling vehicles, respecting the person's business activities and role as a seller; | ||
:c) a maker or supplier of vehicle parts, respecting its business activities and role as a maker or supplier; | |||
c) a maker or supplier of vehicle parts, respecting its business activities and role as a maker or supplier; | :d) a garage service operator, respecting its business activities and role as a garage service operator; | ||
:e) a licensee within the meaning of the Liquor Control and Licensing Act whose licence authorizes a patron to consume liquor in the service area under the licence, respecting the licensee's role as a licensee in the sale or service of liquor to a patron; | |||
d) a garage service operator, respecting its business activities and role as a garage service operator; | :f) a person whose use or operation of a vehicle | ||
::(i) caused bodily injury, and | |||
e) a licensee within the meaning of the Liquor Control and Licensing Act whose licence authorizes a patron to consume liquor in the service area under the licence, respecting the licensee's role as a licensee in the sale or service of liquor to a patron; | ::(ii) results in the person's conviction of a prescribed Criminal Code offence; [(s 12 of the IVR sets out prescribed Criminal Code offences)] | ||
:g) a person in a prescribed class of persons. [(s 13 of the IVR further defines this)] | |||
f) a person whose use or operation of a vehicle | |||
(ii) results in the person's conviction of a prescribed Criminal Code offence; [(s 12 of the IVR sets out prescribed Criminal Code offences)] | |||
g) a person in a prescribed class of persons. [(s 13 of the IVR further defines this)] | |||
Note that the government has reserved the right to pass new regulations restricting ss 116(a) - 116(e). They also reserve the right to pass further regulations clarifying exceptions under s 116 (g). | Note that the government has reserved the right to pass new regulations restricting ss 116(a) - 116(e). They also reserve the right to pass further regulations clarifying exceptions under s 116 (g). | ||