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Difference between revisions of "ICBC and Compulsory Coverage (12:X)"
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ICBC and Compulsory Coverage (12:X) (view source)
Revision as of 02:46, 7 October 2022
, 02:46, 7 October 2022→1. What are “No-Fault” Benefits?
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In [http://www.canlii.org/en/ca/scc/doc/1995/1995canlii66/1995canlii66.html?autocompleteStr=amos%20v&autocompletePos=1 ''Amos v ICBC''], [1995] 3 SCR 405, 1995 CanLII 66 (SCC), the Supreme Court of Canada laid out a two-part test for determining if death or injury falls within the scope of s 79(1). The following must be met: | In [http://www.canlii.org/en/ca/scc/doc/1995/1995canlii66/1995canlii66.html?autocompleteStr=amos%20v&autocompletePos=1 ''Amos v ICBC''], [1995] 3 SCR 405, 1995 CanLII 66 (SCC), the Supreme Court of Canada laid out a two-part test for determining if death or injury falls within the scope of s 79(1). The following must be met: | ||
:(a) the accident must result from the ordinary and well-known activities to which automobiles are put; and | |||
:(b) there must be some nexus or causal relationship (not necessarily a direct or proximate causal relationship) between the plaintiff’s injuries and the owner’s ownership, use, or operation of their vehicle. That is, the connection between the injuries and the ownership, use, or operation of the vehicle must not be merely incidental or fortuitous. | |||
''Amos'' reversed the BC Court of Appeal judgment and held that the plaintiff’s injuries were causally connected to the ownership and use of their vehicle. The plaintiff was shot while driving away from a gang who was trying to gain entry into their motor vehicle. However, Major J. noted that if the gunshots had been truly random and not causally connected to the plaintiff’s ownership of the vehicle then their injuries would not have been covered under s 79(1). | ''Amos'' reversed the BC Court of Appeal judgment and held that the plaintiff’s injuries were causally connected to the ownership and use of their vehicle. The plaintiff was shot while driving away from a gang who was trying to gain entry into their motor vehicle. However, Major J. noted that if the gunshots had been truly random and not causally connected to the plaintiff’s ownership of the vehicle then their injuries would not have been covered under s 79(1). | ||