Difference between revisions of "When You Can Still Sue (12:VII)"

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==A. Injuries from an Accident==

Section 115 of the ''IVA'' states that there is no longer a right of action (an ability to bring a lawsuit against someone) in British Columbia for injuries from a motor vehicle accident.

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:

<blockquote> 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;

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;

f) a person whose use or operation of a vehicle

<blockquote>(i) caused bodily injury, and

(ii) results in the person's conviction of a prescribed Criminal Code offence; </blockquote>

g) a person in a prescribed class of persons. </blockquote>

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 {{LSLAP Manual TOC|expanded = ICBC}}
 {{LSLAP 12 New System Notice}}
+==A. Injuries from an Accident==
+Section 115 of the ''IVA'' states that there is no longer a right of action (an ability to bring a lawsuit against someone) in British Columbia for injuries from a motor vehicle accident.
+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:
+<blockquote> 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;
+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;
+f)	a person whose use or operation of a vehicle
+<blockquote>(i) caused bodily injury, and
+(ii) results in the person's conviction of a prescribed Criminal Code offence; </blockquote>
+g)	a person in a prescribed class of persons. </blockquote>
 {{LSLAP Manual Navbox|type=chapters8-14}}

Difference between revisions of "When You Can Still Sue (12:VII)"

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