A designated driver is celebrating a victory a decade after she was badly injured in a crash.
In 2006, Marnetta Felix was driving her drunk boyfriend home when he suddenly grabbed the wheel. The car flipped, killing him and leaving Felix severely injured.
The courts awarded her more than $800,000 in damages, but ICBC fought the decision all the way, until 10 years after the crash, the Supreme Court of Canada finally shut it down.
“She became basically the focus of how in British Columbia we deal with designated drivers,” said her lawyer Doug MacAdams. “For whatever reason, ICBC decided to explore the law through this case. At any point the government could have stepped in.”
But the government never did, only calling for a review of the legislation.
“The premier said she was going to do something about it, but again ICBC appealed it right the case right to the court to try and impose a law that would hurt designated drivers,” said NDP ICBC critic, Adrian Dix.
In a statement, Transportation Minister Todd Stone writes:
This ruling clarifies and addresses any concerns about designated drivers not being eligible for damages.
Whatever their reasons, Felix’s lawyer says ICBC had to be defeated to better protect designated drivers.
“There’s one thing left for ICBC to do, cut a cheque,” said MacAdams.
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