Bill 45 (Legislature 26, Session 1)

L26 S1 470

Alberta — Bills

Bill Mr. Oberle BILL MATERNAL TORT LIABILITY ACT ( A s s e n t e d t o , 2 0 0 5 ) Table of Contents

Definitions Application Exception to maternal tort immunity Use or operation of automobile Limit of liability HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions In this Act, (a) “birth” means birth as defined in the Vital Statistics Act; (b) “insured” means insured as defined in

section of the Insurance Act; (c) “motor vehicle liability policy” means a motor vehicle liability policy as defined in the Insurance Act. Application This Act applies in respect of the use or operation of an automobile after this Act comes into force. Exception to maternal tort immunity Sections and establish a limited exception to the immunity that a mother has at common law from actions in tort by her child for injuries suffered by the child on or after birth as a result of the mother’s actions prior to the child’s birth.

Use or operation of automobile A mother may be liable to her child for injuries suffered by her child on or after birth that were caused by the mother’s use or operation of an automobile during her pregnancy if, at the time of that use or operation, the mother was insured under a contract of automobile insurance evidenced by a motor vehicle liability policy. Limit of liability 5(1) A mother’s liability under

section is limited to the amount of insurance money payable under contracts of automobile insurance indemnifying the mother that the child can recover as a creditor under

section of the Insurance Act.

(2) Notwithstanding any other Act, a judgment against a mother resulting from the exception to tort immunity established by this Act may be enforced only under

section of the Insurance Act. Title: 2005 (26th, 1st) Bill 45, Maternal Tort Liability Act

Document details

Collection	Alberta — Bills
Citation	L26 S1 470
Type	bill
Volume / chapter	L26 S1 470
Language	en
Format	json
Source	PROVINCIAL
Identifier	fed7ef361e013300be1ee9883f5d8c7e9c98390c

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