Insurance may cover you for lost wages

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Pro Bono

Dear Tuma:

I was involved in a car accident last year. There were no other cars involved and the cause of the accident was black ice. Is my insurance company supposed to cover all of my losses, including the time I have been off work or for my injuries?

No Car to Drive to Work in Nova Scotia

Dear No Car:

In Nova Scotia there is a clause in many insurance contracts called "Section B". Section B benefits is where the insurance company will provide benefits for injuries received in an accident. These benefits are usually things such as physiotheraphy, mileage back and forth to doctors, and any out-of-pocket expenses. You should talk to your insurance company regarding whether or not you are covered for Section B benefits for lost wages. If you are not, then you are out of luck. If you are, the insurance company may not want to pay out for lost wages. If this happens, one of your options is to sue your insurance company and for this you need a lawyer.

As for compensation for injuries, again check to see if your policy covers you for injuries received. You may also think about how the black ice was there. Was the road properly maintained? If not, you may have a case against the owner of the road, whether that is the province or the band.

Dear Tuma:

My kids have been attending an off-reserve school since kindergarten. Now the band wants them to attend the on-reserve school. My kids do not want to change schools but the band is saying that they will not pay for the tuition for the off-reserve school. What can I do?

Back to School Blues

Dear Back to School:

If the off-reserve school has a particular course or service that your kids require, then the band will have to pay for the tuition and allow your kids to remain at the off-reserve school.

The course has to be something more than just any regular course. For example, if your kids are enrolled in an enhanced academic program, which the band school does not offer, then your kids can stay in the program. If your argument is that the band school does not offer French and the off-reserve school does, that is not enough (especially if your kids do not take French). If the off-reserve school offers a particular service that your kids need, such as special needs educational counseling, then your kids can stay at the off-reserve school.

Dear Tuma:

A fellow named Bernard won a logging case in New Brunswick which says that he has a treaty right to log! Can I go out and cut logs on Crown land now?

Your Cuz

Dear Cuz:

Of course you can, if you have the right permits, licences and whatnot from either a logging company or from the province. If you don't well, don't go off into the woods yet.

The case was heard in a New Brunswick appeal court and binding in New Brunswick. The case is not binding on other provinces, but it is certainly influential, thus the law is that L'nu (Mi'kmaq) have a treaty right to harvest and sell logs.

Here is the kicker-The judgment was "stayed" for one year. This means that the law has not changed yet, but it will in one year. This was probably done to allow time for the government and the L'nu (Mi'kmaq) to negotiate some sort of agreement.

Here is another kicker: Since it was a summary conviction case (a quasi-criminal case) and one judge dissented, it gives the parties an automatic right of appeal to the Supreme Court of Canada. Normally you need to request leave from the Supreme Court to hear your case and it has to affect at least four provinces or be of national importance unless it is a criminal case where the appeal court was divided. The appeal court was divided in the Bernard case. (Two judge for, one judge against). My bet is that this case will be appealed to the Supreme Court of Canada.

This column is not intended to provide legal advice but rather highlight situations where you should consult with a lawyer. Tuma Young is currently studying for a Ph.D. in Law at the University of British Columbia and questions should be snt to puoin@telus.net.