Date: Mon, 21 Nov 2005 12:06:39 -0500

From: Jason Neyers

Subject: Maternal Tort Liability Act

Would it be constitutional if enacted?

Vaughan Black wrote:

Canadians on the list may be interested to know that last week the Government of Alberta introduced Bill 45, The Maternal Tort Liability Act. It overrules Dobson v. Dobson, at least as far as car accidents are concerned. Section 4 provides:

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 pregnancy if, at the time of that use or operation, the mother was insured under a contract of automobile insurance evidence by a motor vehicle liability policy.

The bill goes on to provide that liability is only up to the maximum cover of the policy. That is, it is tightly keyed on insurance.

So far it has only passed first and second reading.

--
Jason Neyers
January Term Director
Assistant Professor of Law
Faculty of Law
University of Western Ontario
N6A 3K7
(519) 661-2111 x. 88435

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