Reported as: 2018 SKQB 71
Docket Number: QB 19/15 JCSC , QB18074
Court: Court of Queen's Bench
- Civil Procedure � Queen�s Bench Rules, Rule 7-1, Rule 7-3
- Statutes � Interpretation � The�Automobile Accident Insurance Act, Section 40.1, Section 103(1), Section 104
Digest: The plaintiffs, the administrators of the estate of their deceased parents, brought an action that sought damages, funeral expenses, their lost earnings as a result of the death of their parents in a motor vehicle accident in 2013, and damages for grief and loss suffered by them and their two siblings and for damages pursuant to the provisions of The Fatal Accidents Act (FAA). Their parents had not elected tort coverage pursuant to s. 40.2 of the Automobile Accidents Act (AAIA) and thus Part VIII of that Act applied to them and to the accident. The plaintiffs also sought damages for future loss of the income of their parents. The vehicle accident was caused by the defendant Reynolds who was operating the other vehicle. Reynolds was an employee of the defendant Vitalaire and the vehicle was leased by it. In 2015, Reynolds was convicted of two counts of dangerous driving causing death under s. 249(4) of the Criminal Code. The defendants applied pursuant to Queen�s Bench rule 7-1 for a determination of two questions of law: 1) were the plaintiffs entitled to maintain an action for damages pursuant to s. 103 and/or s. 104 of the AAIA; and 2) were they entitled to maintain an action for damages pursuant...