Civil action against third parties barred by application of Automobile Insurance Act (Que.)

Supreme court | Motor Vehicles

Accident claims funds
Practice and procedure

Civil action against third parties barred by application of Automobile Insurance Act (Que.)

Availability of civil liability remedies. Victims, injured in automobile accidents, also suffered aggravated or separate injuries due to subsequent faults attributable to third parties. Civil action against third parties barred by application of public compensation scheme under Automobile Insurance Act (Que.). Compensation scheme limiting compensation exclusively to amounts paid pursuant to scheme in circumstances where sufficiently close link between bodily injury and automobile accident is established. In such cases, the scheme covers the whole of the injury and confers civil immunity on everyone in respect of those injuries. Fact that compensation was claimed and received pursuant to compensation scheme, however, not constituting waiver of any civil action.
Godbout c. Pagé (2017), 2017 CarswellQue 1646, 2017 CarswellQue 1647, 2017 SCC 18, 2017 CSC 18, McLachlin C.J.C., Abella J., Karakatsanis J., Wagner J., Gascon J., Côté J., and Brown J. (S.C.C.); affirmed (2015), 2015 CarswellQue 646, 2015 QCCA 225, (C.A. Que.)

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

University of Toronto Press buys legal publisher Irwin Law

Amid insolvency rise, lawyer discusses intersection of employment and bankruptcy/insolvency law

Ontario Superior Court rules driver lacked liability coverage due to pre-accident cancellation

Nine new judges appointed to the Ontario Court of Justice

Ontario Court of Appeal denies legal clinic's motion to intervene in trade dispute

Walking the talk on accommodating lawyers with disabilities

Most Read Articles

Nine new judges appointed to the Ontario Court of Justice

Rules limiting advice on digital trading platforms could prevent investor protection: report

Walking the talk on accommodating lawyers with disabilities

University of Toronto Press buys legal publisher Irwin Law