Bill 48 (Legislature 11, Session 4)

L11 S4 6959

Alberta — Bills

Bill No. 48 of 19'51. A BILL TO AMEND THE CONTRIBUTORY NEGLIGENCE ACT. NOTE. This Bill amends The Contributory Negligence Act, being

chapter of the Revised Statutes of Alberta, 1942.

Section is amended by renumbering the

section as sub section (1) and amending it slightly to refer to the two new subsections that are added to the section. Under

section of The Vehicles and Highway Traffic Act a gratuitous passenger cannot recover damages against the owner or driver of the motor vehide unless the accident was caused by the gross negligence of the owner or driver. In such a ,case, however, the gratuitous passenger might recover one hundred per .cent of his damages from the driver of the other car even though the driver of the car in which the passenger was riding was found to be eighty per cent responsible for the accident. The new subsection (2) added to

section provides that in such a case no damages, contribution or indemnity shall be recoverable from any other person for the portion of the loss or damage caused by the negligence of the owner or driver of the car in which the gratuitous passenger was riding. The new subsection (3) added to

section deals with the case where the plaintiff who has been injured is a married person whose spouse was negligent and partially respon sible for the injury. The new subsection provides that the married person suing cannot recover any damages, con tribution or indemnity from any other person for the portion of the loss or damage caused by the negligence of the spouse of the married person. - Provisions similar to those contained in these two new subsections have already been enacted in The Contributory Negligence Acts of the provinces of British Columbia, Sas katchewan, Manitoba and Ontario.

These amendments will bring Alberta into line with the legislation of the other provinces. The Bill comes into force upon assent. KENNETH A. McKENZIE, Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.) BILL No. 48 of 1951. An )\ct to amend The Contributory Negligence Act. (Assented to , 1951.) HIS MAJESTY, by and with the adv~ce and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Centributory Negligence Act, being

chapter of the Revised Statutes of Alberta, 1942, is hereby amended. 2.

Section is amended,- (

a) by renumbering the

section as subsection (1); (

b) by adding immediately after the words "loss or damage,", where they occur in subsection (1), the words "except as provided by subsections (2) and (3) ,"; (

c) by adding immediately after subsection (1) the fol lowing new subsections: "

(2) Where no cause of action exists against the owner or driver of a motor vehiele by reason of

section of The Vehicles and Highway Tra.f!ic Act, no damages, contribution or indemnity shall be recoverable from any person for the "portion of the loss or damage caused by the negligence of such owner or driver, and the portion of the loss or damage so caused by the negligence of such owner or driver shall be determined although such owner or driver is not a party to the action.

" ('3) In any action founded upon negligence and brought for loss or damage resulting from bodily injury to or the death of any married person, where one of the persons found to be negligent is the spouse of such married person, no damages, con tribution or indemnity shall be recoverable for the portion of loss or damage caused by the negligence of the spouse, and the portion of the loss or damage so caused by the negligence of the spouse shall be determined although the spouse is not a party to the action.".

Section amended 3. This Act shall come into force on the day upon which ~~~~~~ce it is assented to. No. 48. FOURTH SESSION ELEVENTH LEGISLATURE GEORGE VI 19,51 BILL

An Act to amend The Contributory Negligence Act. Received and read the First time Second time .......... . ifuird time HON. MR. MAYNARD. Title: 1951 (11th, 4th) Bill 48,

An Act to amend The Contributory Negligence Act

Document details

Collection	Alberta — Bills
Citation	L11 S4 6959
Type	bill
Volume / chapter	L11 S4 6959
Language	en
Format	json
Source	PROVINCIAL
Identifier	023e949243449aff5e9eb376ec7b336175f7039e

Source file is stored in the law ingest library (json).