We’re working hard to put everything together for the class action. The BC Government wrongly referred a great number of people to complete so-called remedial programs, i.e. get an interlock and go through the RDP. We believe that the Government’s wrong and the damage it caused can be remedied by way of a class-action lawsuit. Still, there are many hurdles. And the Government will do everything it can to try and defeat the case.
We are trying to think down the road to arguments that the Government will advance. The main argument that we have already decoded is that they intend to tell the court that there was a review mechanism. And further, they will argue that the claimants (the drivers) should have first sought a remedy via that review mechanism.
The Government is already trying to set up this argument. In their press release they claim that there was a review process in place. That’s complete hogwash and we know that we can easily prove it in court. We’ll probably discuss that another day. If you’ve gone through the IIP and RDP you know what we’re talking about. In any event, you can read between the lines and figure out pretty quickly that this is an argument that they’re trying to set up.
The reason they want to set up this argument is because, if it were true, you’d be limited to dealing with their tribunal. You couldn’t run a class-action lawsuit in court because the OSMV tribunal would be the place to seek your remedy. Maybe.
We’re not worried about this argument for a number of reasons, but mostly because we have so much evidence (so much) that there was no review process in the OSMV, that everyone was forced through these programs and that no one was permitted to even apply for review. As their own material claims, it was “mandatory” and “automatic.”
What happens to the class action if you still have an interlock?
This may seem frivolous right now, but again we try to plan many steps down the road. And our concern is that if you still have an interlock you may be disqualified to be a member of the class in any class action lawsuit.
How could that happen? Well, as of April 12, 2013, the OSMV claims that it actually has a review process in place (you can thank us for that) and that you can apply to have the remedial requirements reconsidered. Don’t think for a second that the OSMV is some friendly benevolent government organization that wants to help you. Only two weeks ago they wanted to speak to you in a paternalistic manner and make you suffer. No, this is a cover-your-ass move.
You see, because they have created a new review process, they may be able to oust the jurisdiction of the court. Which may limit what they have to pay down the road. And they intend to argue that you are disqualified from any class-action suit if you didn’t first seek a remedy from their tribunal.
Moreover, if you don’t agree with the remedy they offer, the only step available is to appeal the decision in BC Supreme Court. Meaning you have to do this yourself and not as a class.
So this is the danger if you still have the interlock.
Finally, there is the issue of damages. If a tree falls through your window, your insurance may cover the damages. But if it happens on a rainy Saturday night and you do nothing to reduce the damage of the rain coming in your house for the next two days, the insurance company can reduce the coverage to the damage directly caused by the tree. The onus is on you to mitigate the damages. If you don’t put a tarp over the opening, you can assume that they won’t pay for the damage the extra water caused to the floor.
Similarly, if you don’t try and get the interlock lifted as soon as possible, you can assume that the government will be able to limit any payout starting at the point you could have reasonably had it removed using their review process.
This is why we’re encouraging people to apply to have the interlock requirement lifted right away. It’s more important than jumping on the class action bandwagon (which you’ll be able to do here in a matter of days) and it’s a lot smarter than waiting around to see if the Government will simply do the right thing (hint: they won’t, at least not right away).
Get the IIP lifted
This is the reason that we’re encouraging everyone who still has an interlock to apply right away to get the remedial programs lifted. Simply put, if you don’t apply for reconsideration for referral to the remedial programs, you may disqualify yourself from any remedy from the court in any later lawsuit. If you still have the interlock, you need to apply to get it out.