Operation Red Nose will not be put in jeopardy by a recent B.C. Supreme Court ruling that a designated driver injured in a crash caused by a drunken passenger is not covered by third-party liability insurance, the organization says.
"We have reviewed the court's decision along with our partner ICBC, and we want to reassure the residents of B.C., as well as Operation Red Nose volunteers and partners, that our road safety campaign is not in jeopardy for 2014,"officials said in a statement issued from ORN's national headquarters.
"The Operation Red Nose (ORN) special Autoplan insurance policy, provided through ICBC, includes all the required coverage to ensure the safety and protection of ORN volunteers, including third-party liability."
In a ruling issued Feb. 3, B.C. Supreme Court Justice Anthony Saunders decided a woman cannot collect an $800,000-plus judgment from ICBC after her inebriated boyfriend grabbed the steering wheel of the vehicle she was driving along Highway 1 in Chilliwack.
The vehicle rolled over, killing the boyfriend and seriously injuring her.
In September 2011, the single mother of two daughters was awarded $863,242.63 in damages and costs against the boyfriend's estate and she subsequently sought to recover the amount plus post-judgment interest from ICBC.
But Saunders found two sections of the applicable statute that set out interpretations for who is insured and who ICBC will indemnify, were in conflict with a third that defines the circumstances under which indemnity is extended to a passenger.
Specifically, it states that a passenger is covered only when his or her actions cause "injury or death to a person who is not an occupant of the vehicle." By way of example, Saunders said the section "would appear to be intended to encompass situations such as a passenger opening a door and thereby interfering with a passing cyclist."
Saunders further reasoned that while the third section appears redundant, it was included for a reason - to clarify the circumstances under which indemnity is extended to a passenger responsible for an incident.
"It is a general principle of statutory interpretation that there is a presumption against tautology; the legislature - or, in the case of a regulation, the governor in council - intends each provision to be given effect," Saunders said.
As a result, he found ICBC is under no obligation to indemnify.
"The consequence of this interpretation as regards designated drivers is one which some may find disturbing," Saunders said. "If that consequence was unintended, that is a matter for consideration by the government."
B.C. Transportation Minister Todd Stone said the finding is being reviewed and next steps "may or may not include legislative amendments."
Mohan Kang of the B.C. Taxi Association, said cabs were covered by different policies and drivers did not face a similar risk.
Over the most recent holiday season, ORN gave 1,001 rides home to people who may have celebrated too much to get behind the wheel themselves. It was the fourth busiest campaign in the 15 years ORN has been operating in Prince George.
