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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Revision as of 16:04, 9 August 2021

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 12, 2020.



NOTE: The following portion of this chapter is meant to serve as a basic primer covering some of the key principles of the new ICBC system, which applies to claims for accidents occurring on or after May 1, 2021. Given that this no-fault system is new as of May 1, 2021, there are still certain portions of it that are being clarified, or that may adapt with implementation.

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:

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

(i) caused bodily injury, and (ii) results in the person's conviction of a prescribed Criminal Code offence;

g) a person in a prescribed class of persons.


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