What are the consequences of a motor vehicle accident where the motor vehicle driver loses the right to sue for damages?

Prince Edward Island, Canada


The following excerpt is from Tannereye v. Hansen, 2002 PESCTD 37 (CanLII):

I agree with Justice Jenkins, when he stated in Terris v. Crossman, [1995] P.E.I.J. No. 116 at paragraph 10: 10. ...The general rule is that costs normally follow the event. That is based on fairness and justice, which is to be applied for both parties. A person cannot expect to pursue unreasonably a claim for damages and then, following an expensive trial process, depend on the mercy of the court to avoid the normal obligations for costs. That course of action would be inequitable; it would unjustly transfer the burden of failed litigation to the successful party. It would also serve to signal that unjustified and exaggerated claims may be pursued without consequent risk of an adverse costs determination, despite the reasonable expectation of all other participants in the litigation process. ...

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