Is Spousal immunity available to the wife in a motor vehicle accident action?
British Columbia, Canada
The following excerpt is from Rowe v. British Columbia, 1989 CanLII 2903 (BC SC):
I hold that the defence of "spousal immunity" is available to the wife, notwithstanding the statutory amendments enacted subsequent to the commencement of the action. The chronology of significant events is as follows: Date of accident: September 17, 1983 Status of plaintiff and defendant driver at date of accident: Married Date writ issued v. Crown: July 3, 1984 Repeal of Married Woman’s Property Act: April 17, 1985 Divorced: August 13, 1986 Wife joined as defendant: January, 1987
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether a motor vehicle accident is an accident or an accident? (British Columbia, Canada)
What is the difference between a motor vehicle accident and a subsequent motor vehicle collision? (British Columbia, Canada)
In a motor vehicle accident involving a stolen vehicle, can the driver of the stolen vehicle be held liable for damages? (British Columbia, Canada)
What are the costs of a plaintiff in a motor vehicle accident action brought by a third party? (British Columbia, Canada)
What is the law on liability for an injured person who is injured in an accident while trying to rescue someone from a motor vehicle accident? (British Columbia, Canada)
How have courts interpreted the doctrine of a "phantom vehicle" in a motor vehicle accident claim? (British Columbia, Canada)
In a motor vehicle accident reconstruction case, can the accident reconstruction experts provide any assistance? (British Columbia, Canada)
In a motor vehicle accident, can a plaintiff continue to suffer from chronic neck and back pain for at least three years after the accident? (British Columbia, Canada)
What is the legal test for using the word "superintendent of Motor Vehicles" in a motor vehicle application? (British Columbia, Canada)
What is the test for establishing causation between a motor vehicle accident and a subsequent accident? (British Columbia, Canada)
