Joined: 13 Nov 2007 Posts: 188 Location: Ontario, Canada
Posted: Thu Jan 24, 2008 10:17 am Post subject: Ignition interlock devices, further provisions - Sec 41.3
Ignition interlock devices, further provisions - 41.3
Parties to judicial review
(1) The parties to any judicial review brought in respect of section 41.2 are the Registrar and the person whose driver’s licence is subject to the condition prohibiting him or her from driving any motor vehicle that is not equipped with an approved ignition interlock device. 2000, c. 35, s. 1.
Documents privileged
(2) Documents filed with the Ministry for the purposes of section 41.2 are privileged for the information of the Ministry only and shall not be open for public inspection. 2000, c. 35, s. 1.
Protection from personal liability
(3) No action or other proceeding for damages shall be instituted against a person authorized under subsection 41.2 (14) to install or maintain an approved ignition interlock device, unless the person was negligent in the performance of his or her duties and responsibilities under section 41.2. 2000, c. 35, s. 1.
Same
(4) No action or other proceeding for damages shall be instituted against the Registrar or any employee of the Ministry for the removal of a condition prohibiting a person from driving a motor vehicle that is not equipped with an approved ignition interlock device or for the failure to remove the condition, if the Registrar or employee acted in good faith in the execution or intended execution of his or her duties under section 41.2. 2000, c. 35, s. 1.
Crown not relieved of liability
(5) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsections (3) and (4) do not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (3) and (4) to which it would otherwise be subject. 2000, c. 35, s. 1.
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