Neither the common law nor statute law has taken a consistent approach to the guest or gratuitous passenger. This report presents arguments in favour of the guest passenger legislation and arguments in favour of repealing the guest passenger legislation. The report notes that today a large number of guest passengers do not get “something for nothing” and that the probability of reciprocal benefit makes it fair to impose liability on the driver for his or […]
|TAGS||accident, damages, guest passenger, injury, liability, motor vehicle, negligence|
Proclamation 5 July 1979 of previously enacted The Alberta Insurance Amendment Act, 1977, SA 1977, c 76, s 6 (now Insurance Act, RSA 2000, c I-3, s 310) (This is not the principal recommendation of the Report). Gratuitous Passengers and Interspousal Tort Immunity Statutes Amendment Act, SA 1990, c 22, s 1 amending the Highway Traffic Act (now RSA 2000, c H-8).
April 2, 1979
This report of produced after concern arose from the decision in the Crosby v O’Reilly case. A working paper was produced and a committee was appointed for the purpose of considering the specific question of whether the claim for damages for loss of expectation of life should be abolished and the broader question of the adoption of the Uniform Survival of Actions Act. This report examines the existing common law in Alberta, legislative change and […]
|TAGS||accident, compensation, damage, fatal, injury, negligence, survival of action|
Survival of Actions Act, SA 1978, c 35 (now RSA 2000, c S-27; Fatal Accidents Act, RSA 2000, c F-8, ss 5(2)(a), (b), 8; and Limitation of Actions Act, RSA 2000, c L-12, s 53).
April 1, 1977