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Property and Debt in Family Law Matters

2025-06-17T22:27:04Z

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}}This chapter focuses on the division of property and debt between spouses according to the provincial ''[[Family Law Act]]''. Under these parts of the ''Family Law Act'', the term "spouse" includes both ''married couples'' and ''people who lived together in a marriage-like relationship for at least two years.''

The basic approach to property under the ''Family Law Act'' is pretty straightforward. When spouses separate, each spouse keeps the property they brought into the relationship, as well as specific kinds of assets they got during the relationship, and the spouses equally share the rest of the property they own together or separately. The property that each spouse keeps is called "excluded property." The property they accumulated during their relationship and share is called "family property."

The same rules apply to debts. Spouses are presumed to share responsibility for the debts that accumulated during their relationship, but remain separately responsible for debts they had before the relationship began.

The federal ''[[Divorce Act]]'' doesn't deal with the division of property or debt, so when you're looking at who gets what after separation you need to look at the ''Family Law Act''.

The ''Family Law Act'' is still relatively new, having replaced the old ''Family Relations Act'' in 2013. If what you've read so far about property division seems unfamiliar, it might be because you know more about the rules for dividing property under the old law. The ''Family Relations Act'' talked about "matrimonial property," which made sense because it only applied to married people. Property qualified as shareable matrimonial property if it was "ordinarily used for a family purpose," regardless of whether it was brought into the relationship or acquired afterward. The ''Family Law Act'' takes a very different approach to how property is divided.

This introductory section of the chapter provides basic information about property and debt, including the new rules about pets. It also talks about the rules about property that apply to couples who aren't spouses, and looks at some of the income tax issues that can come up when dividing property. The sections of the chapter that follow will go into:
* [[Basic Principles of Property and Debt in Family Law]], which covers the rules around the division of property and debt in a lot more detail,
* [[Protecting Property and Debt in Family Law Matters]], which discusses the steps you can take to protect family property before and after separation, and
* [[Dividing Property and Debt in Family Law Matters]], which explains how property and debt are divided by judges and arbitrators (when things end with a court order or an arbitrator's award) or by spouses (when the spouse reach an agreement).

==Division of property and debt under the ''Family Law Act''==

The two parts of the ''[[Family Law Act]]'' that talk about the division of property and debt only apply to people who are ''spouses''. Note that the definition of spouse for these two parts of the Act are a bit different from the rest of the Act (for example the parts of the Act that deal with child or spousal support). When it comes to the division of property and debt, a spouse is either:

*someone who is married or was married to someone else, or
*someone who is or was living in a "marriage-like relationship" with someone else for at least two years.

People who lived together for less than two years are ''not'' spouses for these parts of the ''[[Family Law Act]]'', whether they've had a child together or not.

Property and debt can be divided under the terms of a cohabitation agreement or a marriage agreement that the spouses made around the time they began to live together, or under the terms of a separation agreement that they made around the time they separated. If the spouses can't reach an agreement, a court can make an order about the division of property and debt.

Court proceedings for the division of property and debt must be started within two years of:

#the date of ''divorce'' or ''annulment'' for married spouses, or
#the date of ''separation'' for unmarried spouses.

===Categories of property and debt in family law===

The ''[[Family Law Act]]'' talks about three things when it comes to dividing property and debt: ''family property'', ''excluded property'', and ''family debt''.

All property owned by either or both spouses (including property owned by a spouse jointly with a third party such as a parent) at the date of separation is ''family property'' unless it is ''excluded property''. Family property includes things like real property, bank accounts, pensions, businesses, debts owing to a spouse, and so forth. Family property is presumed to be shared equally between spouses, regardless of their use of or contribution to that property.

''Excluded property'' is any property that is excluded from the pool of family property to be split between spouses. This includes the property a spouse owned before the date of marriage or the date the spouses began living together, whichever is earlier, plus certain kinds of property acquired during the spouses' relationship, including:

*property that was bought using property that one spouse already owned before the relationship,
*inheritances and gifts (provided that the gift is a gift to just the spouse and not to the couple), and
*certain kinds of insurance proceeds and court awards.

Excluded property is presumed to remain the property of the one spouse who owns it, but the increase in value of the excluded property becomes family property and is shared.

All debt incurred by either or both spouses from the date of marriage or the date the spouses began living together, whichever is earlier, to the date of separation is ''family debt''. Responsibility for family debt is presumed to be shared equally between spouses, regardless of their use of or contribution to that debt.

====Special treatment for pets====
As of 15 January 2024, the ''Family Law Act'' also addresses family pets, which used to be treated as any other property under the Act. Before this time, pets were like any other asset. If one person brought a dog into the relationship, the animal was excluded property. If two spouses got a cat while they were together, the cat was family property.

The Act now imposes special rules around what happens to pets after spouses separate, and refers to these animals as ''companion animals''. Section 1 defines a companion animal as "an animal that is kept primarily for the purposes of companionship". Section 3.1 further clarifies that dogs under the ''[https://canlii.ca/t/8v18 Guide Dog and Service Dog Act]'', any animal that kept "as part of a business", and agricultural animals are not ''companion animals''.

See the section discussion on these special rules for companion animals under the [[Dividing Property and Debt in Family Law Matters]] section of this chapter. Meanwhile, as you read this page just keep in mind that the information about excluded property and family property will not necessarily apply to these animals.

===Beginning and ending a spousal relationship===

As you can see, certain dates in a couple's relationship are really important. The date a relationship begins ― the earlier of the dates the spouses begin to live together or marry ― is the date that separates the excluded property brought into the relationship from the family property acquired during their relationship and is the date when spouses begin to share responsibility for new debts. The date the spouses separate, generally speaking, marks the end of the accumulation of shared property and shared debt.

====Living together and marrying====

Under section 3(3) of the ''[[Family Law Act]]'', a relationship between spouses begins

<blockquote><tt>... on the earlier of the following:</tt></blockquote>
<blockquote><blockquote><tt>(a) the date on which they began to live together in a marriage-like relationship;</tt></blockquote></blockquote>
<blockquote><blockquote><tt>(b) the date of their marriage.</tt></blockquote></blockquote>

Since the definition of ''spouse'' at section 3(1)(b)(i) includes people who have lived together "for a continuous period of at least 2 years," once you have reached the two-year mark:

*you and your partner are spouses, and
*your relationship as spouses began two years earlier, on the date you began to live together.

====Separating====

Although a married couple are married until they get a divorce, the key date for the division of property and debt under the ''[[Family Law Act]]'' is the date of separation. The ''separation date'' is important for both married spouses and unmarried spouses.

Although many people move out when they separate, some couples separate and remain living under the same roof. A physical separation is not necessary to prove separation. What is necessary is an intention to end both the relationship and the intimacies that go along with it. Often the <span class="noglossary">decision</span> to separate is made by both spouses, but it only takes one spouse to decide to end a relationship, and one spouse's <span class="noglossary">decision</span> to separate doesn't require the consent of the other spouse.

Section 3(4) of the ''Family Law Act'' says this:

<blockquote><tt>(a) spouses may be separated despite continuing to live in the same residence, and</tt></blockquote>
<blockquote><tt>(b) the court may consider, as evidence of separation,</tt></blockquote>
<blockquote><blockquote><tt>(i) communication, by one spouse to the other spouse, of an intention to separate permanently, and</tt></blockquote></blockquote>
<blockquote><blockquote><tt>(ii) an <span class="noglossary">action</span>, taken by a spouse, that demonstrates the spouse's intention to separate permanently.</tt></blockquote></blockquote>

In other words, to separate, one spouse should announce the end of the relationship and then take steps that would demonstrate an intention to end the relationship. Separation is discussed in more detail in the chapter [[Separating and Getting Divorced]].

===Property brought into the relationship===

Under section 85(1)(a), property that was brought into a relationship is excluded from the pool of family property that is supposed to be divided equally between spouses. Under section 96, the court "must not" order a division of excluded property, except in limited circumstances. A spouse is therefore normally entitled to keep the excluded property they owned when the relationship began. Under section 85(2), however, it is up to the person who's saying that property is excluded property to prove that the property is excluded property.

For most couples, property brought into a relationship will form the largest component of a spouse's excluded property. However, when most people marry or move in together, counting up their assets is not the foremost thing on their mind. This means that you may wind up having to do some historical accounting to figure out what you each owned years ago. Whether you're just starting a relationship or are trying to figure out what you once had, these are the documents you need to look for:

*bank statements for the period that includes the date you began to live together or got married, whichever came first,
*RRSP, RIF, LIRA, and other retirement savings <span class="noglossary">account</span> statements for the same period,
*any employee pension statements that cover the date you began to live together or got married,
*mutual fund and other investment <span class="noglossary">account</span> statements for that period,
*any BC Assessment statements for the year in which you began to live together or got married,
*mortgage and line of credit statements for the period that includes the date you began to live together or got married, and
*credit card and loan statements for that period.

It will be a harder to look back in time to figure out the value of things like cars, motorcycles, trailers, boats, snowmobiles, and so on. If you're entering a relationship now, it will be helpful to look up the [https://www.canadianblackbook.com/ Canadian Black Book] or [https://www.kbb.ca/ Kelley Blue Book] estimated values for vehicles. Boats and trailers may need to be specially valued by a dealer. It is important to note that you cannot exclude the ''value'' of the property calculated from the start of the relationship. For example, let's assume one party owned a car worth $20,000 at the beginning of the relationship. Say it is only worth $10,000 at the time of separation. That party gets to keep the car itself, but does not get $20,000 worth of property out of ''family property''. If the car was traded in towards the purchase of a second car during the relationship, however, the trade-in value would be ''excluded property''.

===Property and debt acquired during the relationship===

In most circumstances, the property either or both spouses acquire during their relationship will be family property, but there are some important exceptions.

====Understanding family property====

Under section 84(1) of the ''[[Family Law Act]]'', family property is broadly defined as the property owned by one or both spouses on the date of their separation, including any property bought after separation with family property. Section 84(2) gives some examples of specific assets that are family property, including:

*interests in companies, businesses, partnerships, and ventures,
*money owed to a spouse, and
*bank accounts, savings, pensions, and RRSPs.

While that sounds pretty broad, you have to read section 84 as being "subject to section 85" to understand that ''family property'' does not actually include ''excluded property''. Family property does, however, include the amount that any excluded property grows in value during the relationship.

Under section 81, family property is presumed to be shared between the spouses equally, regardless of their use or contribution to that property. Note that while sharing equally is the presumption, there are circumstances (discussed in section 95) where it would be ''significantly unfair'' to do so, in which case a judge can order that family property be divided unequally. This is also called ''reapportionment'' of family property.

For information on how to share CPP credits see [[How Do I Divide Our CPP Pensions after We're Divorced?]]. It's located in the Helpful Guides & Common Questions part of this resource.

====Understanding excluded property====

Under section 85(1), excluded property is property acquired by a spouse before the relationship began, plus specific kinds of property that was acquired during the relationship, namely:

*gifts from a third party (provided that the gift is a gift to the spouse and not to the couple),
*inheritances,
*certain court awards and settlements,
*certain insurance payments, and
*property held in trust, providing that the spouse didn't put the property into the trust.

Excluded property also includes any new assets that were ''derived'' from other excluded property. This is also contained in section 85(1)(g). For example, if you owned a house before the relationship, but sold it during the relationship and used some of the money to buy a condo, and the rest of the money to top up your RRSPs, then both the condo and the money that's now in RRSPs would be excluded property. This is true even if you registered the new condo in your spouse's name, or in both your names. Provided that the money used to acquire this new property is clearly derived from the excluded property, the ''Family Law Act'' treats this newly acquired property as excluded property.

Excluded property that is acquired during a relationship is presumed to remain the property of the spouse who owns it. While section 85(2) says that it's up to the person claiming excluded property to ''prove'' that it is in fact excluded, the legislation is clear — especially since the ''Family Law Act'' was amended and section 85(3) was added in May 2023 — that transferring it into the name of the other spouse, using it to buy new property, or using it to pay down the mortgage on the family home, does not mean that the asset itself (or its cash equivalent) ceases to qualify as excluded property.

Note that while the presumption is you don't share excluded property, there are circumstances (discussed in section 96) where the judge can order that excluded property be divided and shared with the other spouse. This is another form of ''reapportionment'', and can happen when a judge decides that:
* family property or debt exists outside of BC and cannot practically be divided, or
* it would be significantly unfair not to divide the excluded property given the duration of the relationship and:
** the other spouse's contributions to the preservation, maintenance, improvement, operation or management of the excluded property,
** any agreement the spouses had about the excluded property, or
** if unequal reapportionment of family property or debt under section 95 would not be enough to address the extent significant unfairness.

====understanding family debt====

Under section 86, family debt is all debt incurred by either or both spouses during their relationship up to the date of their separation, but can include debt incurred after separation if the debt was incurred to maintain family property, like a loan taken out to pay the property taxes.

This definition means that debt incurred by a spouse before the spouses married or began to live together is that spouse's personal debt; it's only the new debt that they share. Under section 81, responsibility for family debt is presumed to be shared between the spouses equally, regardless of their use or contribution to that debt. This said, there are circumstances (discussed in section 95) where it would be ''significantly unfair'' to make the parties equally responsible for a debt, in which case a judge can order that family debt be divided unequally. This is called ''reapportionment'' of family debt.

===Dividing property and debt: an example===

Let's look at an example to make things a bit easier to understand.

<blockquote>Harkamal moved in with Baljinder in 2018, when Baljinder's home was worth $800,000 and had no mortgage.</blockquote>
<blockquote>Harkamal starts going to college in 2019 and takes a personal loan to help pay for her tuition fees, lab fees, and textbook costs. Baljinder keeps working while Harkamal is at school and not working. With his income, Baljinder pays property taxes, car insurance, utilities, groceries, and so forth. He's also able to put some money away into RRSPs for the first time ever.</blockquote>
<blockquote>Harkamal and Baljinder separate in 2022. When they separate, Harkamal owes $18,000 for her personal loan, Baljinder's house is worth $1,000,000 and Baljinder has saved $30,000 in RRSPs.</blockquote>

In this example, Baljinder's house is his ''excluded property''. It was worth $800,000 when Harkamal began living with him, and it has increased in value by $200,000. The ''family property'' is the RRSPs that Baljinder saved, plus the increase in value of Baljinder's house during the relationship. The ''family debt'' is Harkamal's loan which was incurred entirely during the parties' relationship and is now up to $18,000.

Boiling this all down, subject to a claim for reapportionment, Baljinder would get:

*$800,000 as the value of the home he brought into the relationship,
*$100,000 for one-half of the growth in the value of his house to the date of separation,
*RRSPs worth $15,000, and
*responsibility for $9,000 of Harkamal's loan.

Harkamal would, subject to a claim for reapportionment, get:

*$100,000 for one-half of the growth in the value of Baljinder's house,
*RRSPs worth $15,000, and
*responsibility for the remaining $9,000 of her loan.

==Property claims and people who aren't spouses==

People who are not spouses within the ''[[Family Law Act]]'' definition at section 3, described above, cannot make a claim for the division of property or debt through that act. When people who aren't spouses own an asset jointly, like a house or a car, they are presumed to each be entitled to half of the value of that property. Where a person claims a share of property owned only by the other person, they will have to prove an entitlement to that asset through the principles of the common law.

===Jointly-owned assets===

Where a couple are both on the title of an asset, whether the family home, a car, or a bank account, they are each assumed to have an equal interest in the asset. When one party refuses to give the other their share of that asset, it is open to that person to start a court proceeding for either:

#an order for the sale of the asset and the division of the proceeds of the sale, or
#an order for payment in compensation for their interest in the asset.

Where real property is jointly owned, it is possible to make a claim under the provincial ''[http://canlii.ca/t/848q Partition of Property Act]''. Section 2 of this act says that:

<blockquote><tt>(1) All joint tenants, tenants in common, coparceners, mortgagees or other creditors who have liens on, and all parties interested in any land may be compelled to partition or sell the land, or a part of it as provided in this Act.</tt></blockquote>
<blockquote><tt>(2) Subsection (1) applies whether the estate is legal or equitable or equitable only.
This act allows a co-owner, including someone with only an equitable interest in the property, potentially including an interest under the law of trusts as discussed below, to apply for an order that the property be sold and the proceeds of the sale divided.</tt></blockquote>

In other words, if you jointly own real property with your partner, you can apply to court for an order that the property be sold and the proceeds of the sale be split between you.

===Individually-owned assets===

Where a person who is not a spouse believes that they should have an interest in property owned only by the other person, a claim against that property can only be made under the common law, specifically the law of equity and the law of trusts.

The essential point of this sort of claim is that the non-owning party has, or should be considered to have, a stake in property owned by the other party. The non-owning party's interest in that property is said to be held ''in trust'' for the non-owning party by the person who owns the property on paper. The non-owning party is the beneficiary of that trust and should be entitled to receive compensation for their interest in the property under the trust.

There are three kinds of trust claim that may be made:

*a constructive trust,
*an express trust, and
*a resulting trust.

A ''resulting trust'' happens when the behaviour of the parties will let the court infer the existence of a trust relationship; an ''express trust'' is a trust relationship that people intentionally enter into; and, a ''constructive trust'' is imposed in order to compensate someone for their interest in property when the interest can't be paid out immediately. Resulting and constructive trusts are the most common kinds of trusts involved in family law disputes about property.

Needless to say, this area of the law can be complex. If you find yourself in a situation where your only claim to an asset or a share of an asset is through trust law, it is recommended that you consult with a lawyer to handle your claim.

====Resulting trusts====

A resulting trust can be created in the following circumstances:

*one party loans or gives money to the other party to allow them to buy an asset, and the person buying the asset owns the asset in their name alone, or
*one party transfers property to another without payment.

In each case, the person who transfers the money or asset to the other party is said to retain an interest, called a ''beneficial interest'', in the property even though the property is held by the other party in their name alone. In a court proceeding based on a resulting trust, the person making the claim, the ''claimant'', is asking for compensation for their beneficial interest in the property owned by the ''respondent'', the person against whom the claim is brought.

====Unjust enrichment and constructive trusts====

A constructive trust is called ''constructive'' because the claimant is asking the court to create or impose a trust on the respondent where there wasn't one before. According to the Supreme Court of Canada's decision in the 1980 case of [https://canlii.ca/t/1mjvp ''Pettkus v. Becker''], [1980] 2 S.C.R. 834, one of the most important cases on constructive trusts, the court will impose a trust on a respondent where the claimant is able to show that the respondent has been ''unjustly enriched'' as a result of the claimant's labour or other services. Unjust enrichment is shown by proving that:

#the respondent was enriched as a result of the claimant's contributions,
#the claimant was correspondingly deprived, and
#there is no legal reason for the respondent's enrichment.

''Enrichment'' means to have received a benefit or advantage, such as money or the benefit of unpaid labour or other services. ''Deprivation'' means to have lost the value that might have been otherwise received for the claimant's benefit or advantage, such as the loss of the money or the wages that might have been paid for labour or other services. The deprivation must ''correspond'' to the enrichment, in the sense that the claimant was deprived of exactly the thing from which the respondent benefited. If the claimant can show these things, they will have established that the respondent was ''unjustly enriched'' by their contributions, and the court may impose a constructive trust to fix the situation.

(There are two other cases from the Supreme Court of Canada that are critical in understanding constructive trusts, a 1993 case called ''[http://canlii.ca/t/1fs3f Peter v. Beblow]'', [1993] 1 S.C.R. 980, and a 2011 case called ''[http://canlii.ca/t/2fs3h Kerr v. Baranow]'', [2011] 1 S.C.R. 269. To get a proper understanding of the law relating to constructive trusts, you should read all of ''Pettkus v. Becker'', ''Peter v. Beblow'', and ''Kerr v. Baranow''.)

Here's an example where a couple doesn't live together long enough for the ''Family Law Act'' to apply, and so (because they are not yet legally spouses) an ''unjust enrichment'' and ''resulting trust'' claim might be the only option:

<blockquote>Frank moves into a home owned by Lois. Frank's role in the relationship is that of a homemaker while Lois works outside the home and brings home the bacon. Frank also, out of the kindness of his heart, helps Lois with her web design company, doing her books because he used to be a bookkeeper.</blockquote>
<blockquote>Lois doesn't pay Frank for his labour; perhaps it's understood that Frank is helping out with a common <span class="noglossary">cause</span>, since Lois's company is what provides the family with its income, or perhaps Frank's help is just one of the things he does because he loves Lois. Either way, payment isn't offered and it's not asked for, as is often the case when people are in a relationship.</blockquote>
<blockquote>Frank's labour in the home, cooking, cleaning, and tidying, allows Lois to devote her time to the web design company, and saves her from having to hire a housekeeper and a cook, not to mention having to hire an office manager for the company.</blockquote>
<blockquote>Frank, on the other hand, is losing something. Frank could have sold his services as a housekeeper, a launderer, and a cook. Frank could certainly have worked as an office manager or bookkeeper for some other company. Furthermore, Frank has made a positive contribution to Lois' company and helped it thrive and prosper.</blockquote>
<blockquote>The months pass. Lois's company has grown in value, and the relationship comes to a tragic end when Frank discovers that Lois' trips to visit the handsome internet service provider in Alberta were for both business and pleasure.</blockquote>

In this example, Lois was unjustly enriched by Frank's labour in the home and his contribution to the web design company, as she didn't have to hire an office administrator or a housekeeper. Frank, on the other hand, lost out on months of wages as an office administrator, and months of wages as a housekeeper. Lois was enriched by exactly the thing Frank was deprived of: his labour, and the financial value and benefit of his labour.

Once an unjust enrichment has been found, the court must determine what the appropriate remedy would be to compensate the applicant for their interest in the property. The court will often determine the value of the trust based on the value of the contribution made by the applicant to the property or the purchase of the property.

In the example above, a concrete value can be attached to Frank's contributions to the company and to his labour in the home: what would it have cost to hire a housekeeper and a bookkeeper during that period? Or, how much did Lois' company grow in value as a result of Frank's efforts? This is the beginning of fixing a dollar value on Frank's interest in the company and in Lois's house.

Again, trust claims are complex and the case law supporting and opposing such claims is massive. If you are not married to the person, and if you have not lived with them long enough to qualify as an ''unmarried spouse'' under the ''Family Law Act'', but you still wish to make claim against property owned only by your partner, I recommend that you obtain help from a lawyer.

==Tax issues==

For many people, there will be no tax impact from the division of their assets. There will, however, be a tax impact if the division creates what the [https://www.canada.ca/en/revenue-agency.html Canada Revenue Agency] deems to be ''income''.

The most common kind of taxable income people have is employment income. Some other kinds of taxable income include:

*the money you get when you cash in an RRSP,
*money received by a shareholder from a company as a dividend or from the sale of their shares,
*the interest you get from a loan you've made to someone else, and
*the profit realized from the sale or transfer of real property that isn't the family's principle residence.

When you report this sort of income in your tax return, the CRA considers it to be taxable income, income that may be taxable at different rates.

The purpose of this part of this section is to alert you in a general way to the possibility that there may be tax implications as a result of family property being divided, and that there are sometimes ways to avoid this sort of unfairness. This is, however, a complex area of family law, and if you have a problem of this nature, you really should get the advice of a lawyer who specializes in tax issues; store-bought or online tax software will not identify these issues. You probably don't want to pay any more tax than is absolutely necessary!

===Avoiding unfairness===

The tax consequences of a particular arrangement in a court order or separation agreement can be taken into account when property is being divided, since the payment of tax by one party may fundamentally change the fairness of the agreement or order. Consider this example:

<blockquote>Say Eli receives $1,000,000 in cash and George receives a rental house worth $1,000,000, and the cash and the rental house are all part of the family property. At first glance, this seems like a fair, equal split of the family property, which together comes to a total of $2,000,000. In fact, it isn't.</blockquote>
<blockquote>No tax will be payable by Eli as a result of receiving the cash. Tax will be payable by George if the rental house has to be sold, since it was a rental property and not the family's primary residence. What if the capital gains tax that George has to pay when he sells the rental property is $200,000? In that case, Eli has received $1,000,000 and George has effectively received only $800,000. If you count the tax that George has to pay, the division of the family property wasn't equal at all.</blockquote>
<blockquote>To make the split equal, Eli should receive $900,000 and George should receive $100,000 plus the rental house so that each spouse will have $900,000 once the rental house is sold.</blockquote>

The same problem can arise if one spouse has to sell an asset in order to satisfy an order or agreement for the division of property and debt, such as making a lump-sum payment to equalize the value of the assets held by each party. This may result in the CRA assessing an extra amount of taxable income to the party who had to sell the asset, with the consequence of an additional tax debt owed by that party to the CRA.

There is an easy way to avoid unfair tax consequences and preserve the intention of the agreement or court order: the agreement or order can recognize the negative tax consequences of a particular term and compensate the affected spouse, as in the example involving the rental house above. If you need to convince a court to take tax considerations into account in dividing assets, there are three general rules you should keep in mind:

*each case will depend on the particular circumstances of the parties,
*you should be able to provide an estimate of the tax which will be payable, and
*you must be able to show that the sale or transaction that will result in tax being payable is likely to occur in the reasonably near future.

===Dividing RRSPs===

Normally, if you wish to cash out an RRSP, you have to pay tax on the RRSP as if the RRSP was taxable income, like employment income. Under the federal ''[http://canlii.ca/t/7vb7 Income Tax Act]'', transfers of RRSPs between spouses are tax neutral, under what are called the ''tax-free spousal rollover'' provisions of the act.

When RRSPs are to be transferred between spouses according to a separation agreement or court order, the RRSPs are simply transferred between the spouses' RRSP accounts without having to cash them out, and no tax is payable. Your bank or credit union can provide you with the form to do this.

===Real property===

When a piece of property is to be transferred between spouses according to a separation agreement or court order, the parties should consult the [https://www2.gov.bc.ca/assets/gov/taxes/property-taxes/property-transfer-tax/forms-and-publications/ptt-003-property-transfer-tax-exemptions.pdf Ministry of Finance's ''Tax Bulletin PTT 003'']. Spouses can take advantage of the tax-free status of transfer of real property if the transfer is required by a family agreement or court order. The form is normally completed during the process of transferring title to the property at the Land Title and Survey Authority, and no tax will be payable on the transfer. The Land Title and Survey Authority form needed to do this is now completed and submitted online, and a copy of the signed separation agreement or court order or divorce decree needs to be submitted with the return.

==Resources and links==

===Legislation===

* ''[[Family Law Act]]''
* ''[http://canlii.ca/t/848q Partition of Property Act]''
* ''[http://canlii.ca/t/7vb7 Income Tax Act]''

===Links===

*[http://www.clicklaw.bc.ca/resource/1240 Dial-A-Law Script "Dividing Property and Debts"]
*[http://www.clicklaw.bc.ca/resource/1529 Justice Education Society's handbook ''Parenting After Separation: Finances'']
*[http://www.clicklaw.bc.ca/resource/4656 Legal Aid BC's Family Law in BC website's information page "Property & debt"]
** See "Dividing property and debts"
*[https://www2.gov.bc.ca/assets/gov/taxes/property-taxes/property-transfer-tax/forms-and-publications/ptt-003-property-transfer-tax-exemptions.pdf Ministry of Finance's ''Tax Bulletin PTT 003'']

{{REVIEWED | reviewer = [[Trudy Hopman]], October 19, 2023}}

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Introduction to ICBC's Autoplan Insurance System (Prior Model) (12:IX)

2024-07-24T15:49:39Z

{{REVIEWED LSLAP | date= August 1, 2023}}
{{LSLAP Manual TOC|expanded = ICBC}}
{{LSLAP 12 Old System Notice}}

== A. General ==

The automobile insurance system in BC is comprised of “no-fault” benefit claims and indemnification for claims in tort law.

No-fault benefits are included as part of the basic (compulsory) insurance coverage offered by the Insurance Corporation of British Columbia (ICBC or “the Corporation”) exclusively. As the name implies, payment of the no-fault coverage is given regardless of whether any element of fault is attributed to the insured. Optional coverage above and beyond the basic coverage may be purchased from either ICBC or a private insurer under an optional insurance contract (“OIC”).

Claims for damages brought under tort law, however, do require the presence of a fault element on the part of the defendant to be successful. The victim of the accident (e.g. a personal injury claimant) may sue the other driver(s), the owner(s) of the insured car, the manufacturer(s), automobile shop(s), municipality, the insurer(s), or any other parties liable for the injury. Legislatively, there is no limitation on the maximum amount of damages that a court could award to a victim. However, case law and statute may effectively cap certain heads of damage, such as non-pecuniary damages. Where the necessary conditions are met, ICBC may indemnify the insured for all or part of the assessed liability. This means that where damages are awarded to a victim in an accident, ICBC will pay those damages instead of the party (i.e., the insured) who is at fault.

It is important to determine whether the action is one that can be commenced in BC and whether the law of BC applies. For cases involving a BC resident who has been involved in an out-of-province accident, private international law rules will govern the action. Generally, for the substantive issues, the laws of the jurisdiction where the accident took place will apply. For procedural matters, the rules of the trial court will apply. A summary of out-of-province insurer qualifications, service procedures, and jurisdictional considerations is listed in [[Claims Involving Out-of-province Insurers or Accidents (12:XIII)|Section XIII]].

The ''Insurance (Vehicle) Act [IVA]'' and the ''Insurance (Vehicle) Regulation [IVR]'' form a code governing most aspects of auto insurance in BC. This chapter is not meant to be a comprehensive summary of the IVA or IVR but rather is a guide to help people locate the relevant sections of the ''IVA'' and ''IVR'' that they are likely to encounter. A few preliminary concepts, which will be of use in understanding this chapter, are discussed immediately below.

=== 1. Indemnification ===

Drivers purchase car insurance to protect themselves in the event that they are found liable for damages. If the necessary preconditions are met, ICBC assumes liability for payment of benefits or damages to the claimant or victim of a car accident. Instead of the insured paying the damages claimed, the insurance company, “indemnifies” the insured.

=== 2. Subrogation ===

Subrogation is a common feature of insurance contracts. When ICBC assumes liability for payment of benefits or damages of any kind on behalf of the insured, ICBC is ‘subrogated’ to the right of recovery that the insured had against any other person (''IVA'', s 84), i.e., ICBC has all remedies available to it that the insured person might have exercised by themselves (''IVA'', s 83).

=== 3. Premiums and Point Penalties ===

Premiums are regular payments made by the insured to ICBC. Premiums are based on where the insured lives, how the vehicle is used, the type of vehicle, and the insured driver’s claim record.

The point penalty system is authorized by sections 210 and 211 of the ''Motor Vehicle Act [MVA]''. Section 28.01 of the ''Motor Vehicle Act Regulations'', BC Reg 26/58, outlines the various breaches and/or offences of the ''MVA'' and the corresponding point penalties recorded.

Starting June 10, 2019, any traffic ticket a driver gets will have the potential to increase their ICBC insurance rates. Traffic tickets will be broken down into two categories: high-risk tickets and regular traffic tickets. High-risk tickets include but may not be limited to:

*Impaired driving incidents, including a 24-Hour Prohibition from driving, a 3-day prohibition from driving, a 7-day prohibition from driving, a 30-day prohibition from driving, or a 90-day Immediate Roadside Prohibition or Administrative Driving Prohibition. The increased insurance rates for impaired driving incidents will also include any individuals who have criminal convictions for impaired driving, refusing to provide a breath sample. The individual will be required to pay increased insurance rates once the individual's mandatory driving prohibition is over.
*Electronic Device tickets, which increases insurance rates on top of adding to the Driver Risk Premium
*Excessive Speeding tickets, which also increases insurance rates on top of adding to the Driver Risk Premium
*Driving While Prohibited charges
*Criminal Code driving convictions

These increased insurance rates would start on September 1, 2019.

=== 4. Waiver ===

Section 85 of the ''IVA'' allows ICBC to waive a term or condition of an insurance contract (also known as “the plan”). However, in order for a term or condition to be waived, the waiver must be in writing '''and''' signed by an ICBC officer.

== B. Application of the Current Legislation, and Transitional Provisions ==

On June 1, 2007, the ''IVA'' and accompanying ''IVR'' were amended. Transitional provisions in Parts 1, 4, and 5 of the ''IVA'' dictate which regime, old or new, will apply to a particular claim (ss 1.2, 58, and 74 respectively).

Generally, it is safe to say that the ''IVA'' and the ''IVR'', taken as a whole, apply to:

*'''Insurance policies''' under the universal compulsory vehicle insurance plan set out by the Act (the “plan”) that take effect on or after June 1, 2007;
*Optional '''insurance contracts''' that take effect on or after June 1, 2007;
*Any '''claims''' that arise under these insurance plans or contracts; and
*'''Insured persons''', and '''insurers''', and '''ICBC''' in relation to these insurance plans or contracts.

:'''NOTE''': The critical time to look at is the date on which the individual insurance policy or contract came into effect or was renewed.

Claims and parties to the claims in relation to an insurance policy that came into effect before June 1, 2007 will continue to be governed by the old ''IMVA'' and ''IMVAR''. It is entirely possible for a single accident to trigger the operation of both the old and new Acts simultaneously, (albeit in relation to different aspects of the resultant legal issues).

Although the ''IVA'' and ''IVR'' cover both ICBC and private insurer plans, some parts of the Act and Regulation apply only to one or the other. Specifically, the parts of the Act and Regulation that govern ICBC are Parts 1, 5, and 6 of the Act and Parts 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, and 14 of the Regulation. The parts of the Act and the Regulation that govern the private insurers are Parts 4, 5, and 6 of the Act and Parts 13 and 14 of the Regulation.

Furthermore, the ''IVA'' and ''IVR'' apply to both universal mandatory coverage and optional coverage. Part 1 of the ''IVA'' applies to ICBC’s mandatory coverage only. Part 4 of the ''IVA'' applies to optional coverage. Parts 5 and 6 of the ''IVA'' apply to both mandatory coverage and optional coverage.

== C. Seeking Legal Counsel for Your Claim==

Most personal injury lawyers will take motor vehicle accident claims on a contingency basis (a percentage of the total sum recovered) and offer a free consultation. Since this means that there is usually no cost barrier, it is often wise to at least consult a lawyer to ensure that you will receive the amount to which you are entitled. Here are a few things to be aware of when consulting a lawyer for your claim:

=== 1. Contingency Fees===

Contingency fees are variable; some lawyers use a sliding scale so that the fee increases as the trial date approaches. The Law Society of British Columbia imposes limits on contingency fees for motor vehicle injuries, and the maximum permitted under the Law Society Rule 8-1 is 33 1/3% of the amount recovered.

=== 2. The Contingency Fee Contract===

The contingency fee contract must be in writing and must contain a provision that it is the claimant’s right to have the contract reviewed by the Supreme Court for reasonableness.

Contingency fee contracts often provide that if the claimant discharges the lawyer, the claimant will have to pay an hourly rate for services up to the date of discharge and that these fees must be paid before the lawyer will transfer the file to another lawyer. A claimant who discharges a lawyer can have the lawyer’s bill reviewed by a Registrar of the Supreme Court in a hearing called an Assessment. The Registrar will make a ruling about the reasonableness of the bill and whether the claimant should be required to pay the bill right away.

=== 3. Disbursement Costs===

Disbursement costs are the expenses incurred for photocopying, medical reports, transcripts of evidence, police reports, motor vehicle searches, etc. Law firms will often pay these costs for the claimant and collect them at the end of the lawsuit. Some law firms take a retainer fee for disbursements.

=== 4. Marshalling of Reports===

Over the course of the claim, the claimant’s lawyer will collect your medical records, typically for the period from 2 years before the motor vehicle accident to the period following the accident, and deliver them to the defence counsel. As a claimant in a personal injury action, it is important to be diligent in pursuing recommended medical treatment and visiting a family physician, as clinical medical records are typically only generated when a patient attends at an appointment. The lawyer for the claimant and for the defendant(s)/ICBC may also arrange for independent medical evaluations with specialized doctors over the course of the claim.

If there is a claim for loss of prospective earnings or cost of future care, the claimant’s lawyer may also collect and deliver economic briefs and reports by vocational specialists, accountants, actuaries, and other non-medical professionals. This will require the claimant to draft a letter granting their lawyer signing authorization. – this letter should address who is receiving the authorization (in this case, the lawyer) and for what purpose, related issues, or kinds of documents (in this case, disclosures) the authorization is for.

The claimant’s lawyer will also receive defence reports and expert summaries. All of this goes on behind the scenes. Claimants wishing to have a more active role in their file should not hesitate to contact their lawyers for periodic updates.

{{LSLAP Manual Navbox|type=chapters8-14}}

LSLAP Manual

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Admin: /* Chapter Twelve - Auto Insurance (ICBC) */

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The [[Law Students' Legal Advice Program]]'s (LSLAP) Annual Manual provides quick answers to many legal issues. It is made up of 23 chapters which amount to over 1,000 pages of printed materials. Originally designed as an educational resource for LSLAP students, it is now used by hundreds of organizations across British Columbia. Clicklaw Wikibooks and LSLAP have joined efforts to bring the Manual to the Clicklaw Wikibooks platform.

'''This Manual is intended for informational purposes only and does not constitute legal advice or an opinion on any issue. Nothing herein creates a solicitor-client relationship.''' All information in this Manual is of a general and summary nature that is subject to exceptions, different interpretations of the law by courts, and changes to the law from time to time. LSLAP and all persons involved in writing and editing this Manual provide no representations or warranties whatsoever as to the accuracy of, and disclaim all liability and responsibility for, the contents of this Manual. '''Persons reading this Manual should always seek independent legal advice particular to their circumstances.'''

==Contents==
<div class="ul-chapters-books">
===Introduction===

[[LSLAP_Manual_Introduction_Acknowledgements | Acknowledgements]]

===Chapters===

===='''Chapter One - Criminal Law'''====
*[[Introduction to Criminal Law (1:I)|I. Introduction]]{{·}}[[Governing Legislation and Resources for Criminal Law (1:II)|II. Governing Legislation and Resources]]{{·}}[[Etiquette for Criminal Matters (1:III)|III. Etiquette]]{{·}}[[Criminal Charges (1:IV)|IV. Criminal Charges]]{{·}}[[Substantive Law on Criminal Offences (1:V)|V. Substantive Law]]{{·}}[[Resolving Criminal Matters Prior to Trial (1:VI)|VI. Resolving Prior to Trial]]{{·}}[[Pleading Not Guilty and Criminal Trials (1:VII)|VII. Pleading Not Guilty/Trial]]{{·}}[[Other Issues in Criminal Matters (1:VIII)|VIII. Other Issues]]{{·}}[[Criminal Law and the Canadian Charter of Rights and Freedoms (1:IX)|IX. Charter of Rights and Freedoms]]{{·}}[[LSLAP Policies on Criminal Law (1:X)|X. LSLAP Policies]]{{·}}[[Information on Criminal Law for LSLAP Students (1:XI)|XI. Information for LSLAP Students]]{{·}}[[Etiquette for Criminal Matters for Law Students (1:XII)|XII. Etiquette for Law Students]]{{·}}[[Practice Recommendations on Criminal Law for Law Students (1:XIII)|XIII. Practice Recommendations]]{{·}}[[Sample Initial Sentencing Position (1:App A)|Appendix A: Initial Sentencing Position]]{{·}}[[Sample Information (1:App B)|Appendix B: Sample Information]]{{·}}[[Diversion Application and Sample Letter (1:App C)|Appendix C: Diversion Application]]{{·}}[[How to Prepare For and Conduct a Non-custodial Sentencing Hearing as a Law Student (1:App D)|Appendix D: Sentencing Hearing]]{{·}}[[Criminal Trial Books (1:App E)|Appendix E: Trial Books]]{{·}}[[Criminal Law Glossary (1:App F)|Appendix F: Glossary]]
===='''Chapter Two - Youth Justice'''====
* [[Introduction to Youth Justice (2:I)|I. Introduction]]{{·}}[[Governing Legislation and Resources for Youth Justice (2:II)|II. Governing Legislation and Resources]]{{·}}[[Criminal Offences: Youth Criminal Justice Act (2:III)|III. Criminal Offences: Youth Criminal Justice Act]]{{·}}[[Provincial Offences: Youth Justice Act (2:IV)|IV. Provincial Offences: Youth Justice Act]]{{·}}[[Youth Justice Glossary (2:App A)|Appendix A: Glossary]]
===='''Chapter Three - Family Law'''====
* [[Introduction to Family Law (3:I)|I. Introduction]]{{·}}[[Governing Legislation and Resources for Family Law (3:II)|II. Governing Legislation and Resources]]{{·}}[[Marriage (3:III)|III. Marriage]]{{·}}[[Divorce (3:IV)|IV. Divorce]]{{·}}[[Uncontested Divorce (3:V)|V. Uncontested Divorce]]{{·}}[[Simple Divorce Procedure: Step by Step (3:VI)|VI. Simple Divorce Procedure]]{{·}}[[Alternatives to Divorce (3:VII)|VII. Alternatives to Divorce]]{{·}}[[Family Violence (3:VIII)|VIII. Family Violence]]{{·}}[[Assets of Couples (3:IX)|IX. Assets]]{{·}}[[Spousal and Child Support (3:X)|X. Spousal and Child Support]]{{·}}[[Parenting Orders, Guardianship, and Contact (3:XI)|XI. Parenting Orders/Guardianship/Contact]]{{·}}[[Children and the Law (3:XII)|XII. Children and the Law]]{{·}}[[Adoption (3:XIII)|XIII. Adoption]]{{·}}[[Name Changes (3:XIV)|XIV. Name Changes]]{{·}}[[Court Procedures in Family Law (3:XV)|XV. Court Procedures]]{{·}}[[Family Law Glossary (3:App A)|Appendix A: Glossary]]
===='''Chapter Four - Victims'''====
* [[Introduction to Law for Victims of Crime (4:I)|I. Introduction]]{{·}}[[Governing Legislation for Victims of Crime (4:II)|II. Governing Legislation]]{{·}}[[Crime Victim Assistance Program (4:III)|III. Crime Victim Assistance Program]]{{·}}[[Avenues to Address Crime for Victims (4:IV)|IV. Avenues to Address Crime]]{{·}}[[Victims of Sexual Assault (4:V)|V. Victims of Sexual Assault]]{{·}}[[Victims of Relationship Violence (4:VI)|VI. Victims of Relationship Violence]]{{·}}[[Abuse and Neglect of Seniors or Those with Disabilities (4:VII)|VII. Seniors or Those with Disabilities]]{{·}}[[Victims of Human Trafficking (4:VIII)|VIII. Victims of Human Trafficking]]{{·}}[[Missing Persons and Abductions (4:IX)|IX. Missing Persons and Abductions]]{{·}}[[Trauma Informed Lawyers and Restorative Justice (4:X)|X. TIP and Restorative Justice]]{{·}}[[Resources for Indigenous Victims (4:XI)|XI. Resources for Indigenous Victims]]{{·}}[[Referrals and Follow-up regarding Victims of Crime (4:XII)|XII. Referrals and Follow-up]]
===='''Chapter Five - Public Complaints'''====
* [[Introduction to Public Complaints (5:I)|I. Introduction]]{{·}}[[Governing Legislation and Resources for Public Complaints (5:II)|II. Governing Legislation and Resources]]{{·}}[[Review of Administrative Decisions for Public Complaints (5:III)|III. Review of Administrative Decisions]]{{·}}[[Privacy or Access to Information for Public Complaints (5:IV)|IV. Privacy or Access to Information]]{{·}}[[Complaints Concerning Police Conduct (5:V)|V. Complaints Concerning Police Conduct]]{{·}}[[Complaints against Security Guards (5:VI)|VI. Complaints against Security Guards]]{{·}}[[The Right to Vote (5:VII)|VII. The Right to Vote]]{{·}}[[Complaints and Appeals UBC (5:VIII)|VIII. Complaints and Appeals UBC]]{{·}}[[Complaints and Appeals Simon Fraser University (5:IX)|IX. Complaints and Appeals SFU]]{{·}}[[Complaints against Other Colleges and Universities (5:X)|X. Complaints against Other Colleges and Universities]]{{·}}[[Complaints against Doctors (5:XI)|XI. Complaints against Doctors]]{{·}}[[Complaints against Lawyers (5:XII)|XII. Complaints against Lawyers]]{{·}}[[Complaints against other Professionals (5:XIII)|XIII. Complaints against other Professionals]]{{·}}[[LSLAP Program Information (5:XIV)|XIV. LSLAP Program Information]]{{·}}[[Public Complaints Glossary (5:App A)|Appendix A: Glossary]]{{·}}[[Sample Notice Letter to Sue the City or Police (5:App B)|Appendix B: Sample Notice Letter]]
===='''Chapter Six - Human Rights'''====
* {{·}}[[Introduction to Human Rights (6:I)|I. Introduction]]{{·}}[[Governing Legislation and Resources for Human Rights (6:II)|II. Governing Legislation and Resources]]{{·}}[[BC Human Rights Code (6:III)|III. BC Human Rights Code]]{{·}}[[Canadian Human Rights Act (6:IV)|IV. Canadian Human Rights Act]]{{·}}[[BC Civil Rights Protection Act (6:V)|V. BC Civil Rights Protection Act]]{{·}}[[Rights of the Child (6:VI)|VI. Rights of the Child]]{{·}}[[LSLAP's Role in Human Rights Proceedings (6:VII)|VII. LSLAP's Role in Human Rights Proceedings]]{{·}}[[Alternative Processes for Indigenous Complainants in Human Rights Proceedings (6:VIII)|VIII. Alternative Processes for Indigenous Complainants]]{{·}}[[Online Mediations and Hearings for Human Rights Complaints (6:IX)|IX. Online Mediations & Hearings]]
===='''Chapter Seven - Workers' Compensation'''====
* [[Introduction to Workers' Compensation (7:I)|I. Introduction]]{{·}}[[Governing Legislation, Policy and Guidelines for Workers' Compensation (7:II)|II. Governing Legislation, Policy & Guidelines]]{{·}}[[Introduction to Compensation Claims for Injured Workers (7:III)|III. Introduction to Compensation Claims for Injured Workers]]{{·}}[[LSLAP's Role at the Initial Decision Level for Workers' Compensation Claims (7:IV)|IV. LSLAP's Role at the Initial Decision Level]]{{·}}[[Limitation Periods and Timing of Decisions for Workers' Compensation (7:V)|V. Limitation Periods and Timing of Decisions]]{{·}}[[Making a Worker's Compensation Claim (7:VI)|VI. Making a Claim]]{{·}}[[The Worker's Compensation Claim Acceptance Process (7:VII)|VII. The Claim Acceptance Process]]{{·}}[[Worker Status for Workers' Compensation (7:VIII)|VIII. Worker Status]]{{·}}[[Disability and Causation in Workers' Compensation (7:IX)|IX. Disability and Causation]]{{·}}[[Time Limits and Procedures in Workers' Compensation (7:X)|X. Time Limits and Procedures]]{{·}}[[Workers' Compensation Claim Benefits (7:XI)|XI. Claim Benefits]]{{·}}[[Appeals in Worker's Compensation Claims (7:XII)|XII. Appeals]]{{·}}[[Health and Safety Regulations in the Workplace (7:XIII)|XIII. Health and Safety Regulations in the Workplace]]{{·}}[[Assessments of Employers for Workers' Compensation (7:XIV)|XIV. Assessments of Employers]]{{·}}[[The WCB Fair Practices Office (7:XV)|XV. The WCB Fair Practices Office]]{{·}}[[List of Abbreviations regarding Workers' Compensation (7:App A)|Appendix A: Abbreviations]]{{·}}[[List of Cases Regarding Workers' Compensation (7:App B)|Appendix B: List of Cases]]{{·}}[[Workers' Compensation Referrals (7:App C)|Appendix C: Referrals]]{{·}}[[Workers' Compensation Resources (7:App D)|Appendix D: Resources]]{{·}}[[Claims Process Flowchart for Workers' Compensation (7:App E)|Appendix E: Small Claims Flow Chart]]{{·}}[[Checklist for Workers' Compensation Interviews (7:App F)|Appendix F: Checklist for Interviews]]{{·}}[[Checklist for Workers' Compensation Review Division Appeals (7:App G)|Appendix G: Checklist for Appeals]]{{·}}[[Sample Authorization by Worker or Dependent Form (7:App H)|Appendix H: Sample Authorization Form]]
===='''Chapter Eight - Employment Insurance'''====
* [[Introduction to Employment Insurance (8:I)|I. Introduction]]{{·}}[[Governing Legislation and Resources for Employment Insurance (8:II)|II. Governing Legislation and Resources]]{{·}}[[Qualifying for Employment Insurance (8:III)|III. Qualifying for EI]]{{·}}[[Types of Employment Insurance Benefits (8:IV)|IV. Types of Benefits]]{{·}}[[Benefit Period of Employment Insurance (8:V)|V. Benefit Period]]{{·}}[[Quantifying Employment Insurance Benefits (8:VI)|VI. Quantifying Benefits]]{{·}}[[Employment Insurance Benefit Entitlement (8:VII)|VII. Benefit Entitlement]]{{·}}[[Penalties, Violations, and Offences with Employment Insurance (8:VIII)|VIII. Penalties, Violations, and Offences]]{{·}}[[Keeping Out of Trouble on Employment Insurance (8:IX)|IX. Keeping Out of Trouble]]{{·}}[[Timing for Reporting on Employment Insurance (8:X)|X. Timing for Reporting]]{{·}}[[Employment Insurance Overpayment and Collections (8:XI)|XI. Overpayment and Collections]]{{·}}[[Reconsideration of Employment Insurance Decisions (8:XII)|XII. Reconsideration]]{{·}}[[Social Security Tribunal Overview (8:XIII)|XIII. Social Security Tribunal]]{{·}}[[Appeals to the Social Security Tribunal General Division (8:XIV)|XIV. Appeals]]{{·}}[[Judicial Review of Employment Insurance in the Federal Court of Appeal (8:XV)|XV. Judicial Review]]{{·}}[[LSLAP's Use of This Chapter (8:XVI)|XVI. LSLAP's Use of This Chapter]]{{·}}[[Checklist for Initial Application for Employment Insurance (8:App A)|Appendix A: Initial Application Checklist]]
===='''Chapter Nine - Employment Law'''====
* [[Introduction to Employment Law (9:I)|I. Introduction]]{{·}}[[Governing Legislation and Resources for Employment Law (9:II)|II. Governing Legislation and Resources]]{{·}}[[Checklist for Employment Law (9:III)|III. Checklist]]{{·}}[[Preliminary Matters for Employment Law (9:IV)|IV. Preliminary Matters]]{{·}}[[Employment Law Issues (9:V)|V. Employment Issues]]{{·}}[[Remedies in Employment Law (9:VI)|VI. Remedies]]{{·}}[[Strategies and Tips for Employment Law (9:VII)|VII. Strategies and Tips]]{{·}}[[Employment Law Glossary (9:App A)|Appendix A: Glossary]]
===='''Chapter Ten - Creditors' Remedies and Debtors' Assistance'''====
* [[Introduction to Creditors' Remedies (10:I)|I. Introduction]]{{·}}[[Governing Legislation and Resources for Creditors and Debtors (10:II)|II. Governing Legislation and Resources]]{{·}}[[Creditors' Remedies against Debtors (10:III)|III. Creditors' Remedies]]{{·}}[[Introduction to Debtors' Options (10:IV)|IV. Debtors' Options]]{{·}}[[Dealing with Debt (10:V)|V. Dealing with Debt]]{{·}}[[Relevant Forms for Creditors' Remedies (10:App A)|Appendix A: Relevant Forms]]{{·}}[[Checklist for Examination in Aid of Execution for Creditors' Remedies (10:App B)|Appendix B: Examination Checklist]]
===='''Chapter Eleven - Consumer Protection'''====
* [[Introduction to Consumer Protection (11:I)|I. Introduction]]{{·}}[[Governing Legislation and Resources for Consumer Protection (11:II)|II. Governing Legislation and Resources]]{{·}}[[Contracts for Sale of Goods (11:III)|III. Contracts for Sale of Goods]]{{·}}[[Consumer Protection from Deceptive and Unconscionable Acts (11:IV)|IV. Consumer Protection]]{{·}}[[Direct Sales, Future Performance, and Time Share Contracts (11:V)|V. Direct Sales]]{{·}}[[Conditional Sales Contracts and Security Agreements (11:VI)|VI. Conditional Sales Contracts and Security Agreements]]{{·}}[[Motor Dealer Act (11:VII)|VII. Motor Dealer Act]]{{·}}[[Miscellaneous Consumer Protection Legal Information (11:VIII)|VIII. Miscellaneous]]{{·}}[[Forum of Redress (11:IX)|IX. Forum of Redress]]{{·}}[[Clinician Guide for Consumer Transactions (11:X)|X. Checklist for Consumer Transactions]]
===='''Chapter Twelve - Auto Insurance (ICBC)'''====
* [[Introduction to ICBC Automobile Insurance (12:I)|I. Introduction]]{{·}}[[Governing Legislation and Resources for ICBC Automobile Insurance (12:II)|II. Governing Legislation and Resources]]{{·}}[[ICBC Enhanced Care System (Current Model) (12:III)|III. ICBC Enhanced Care System (Current Model)]]{{·}}[[ICBC Enhanced Care System and Optional Insurance (12:IV)|IV. Optional Insurance]]{{·}}[[Seeking Legal Counsel (12:V)|V. Seeking Legal Counsel]]{{·}}[[Disputes with ICBC (12:VI)|VI. Disputes with ICBC]]{{·}}[[When You Can Still Sue (12:VII)|VII. When You Can Still Sue]]{{·}}[[Introduction to ICBC's Autoplan Insurance System (Prior System) (12:VIII)|VIII. ICBC's Autoplan Insurance System]]{{·}}[[Limitation on Experts (12:IX)|IX. Limitation on Experts]]{{·}}[[ICBC and Compulsory Coverage (12:X)|X. Compulsory Coverage]]{{·}}[[Optional ICBC Insurance (12:XI)|XI. Optional Insurance]]{{·}}[[ICBC and Personal Injury Claims (12:XII)|XII. Personal Injury Claims]]{{·}}[[Claims Involving Out-of-province Insurers or Accidents (12:XIII)|XIII. Out-of-Province]]

===='''Chapter Thirteen - Motor Vehicle Law'''====
* [[Introduction to Motor Vehicle Law (13:I)|I. Introduction]]{{·}}[[Governing Legislation and Resources for Motor Vehicle Law (13:II)|II. Governing Legislation and Resources]]{{·}}[[Motor Vehicle Law at the Roadside (13:III)|III. At the Roadside]]{{·}}[[Duties after a Motor Vehicle Collision (13:IV)|IV. Duties after a Collision]]{{·}}[[Motor Vehicle Violation Tickets (13:V)|V. Violation Tickets]]{{·}}[[Provincial Driving Offences (13:VI)|VI. Provincial Offences]]{{·}}[[Motor Vehicle Impoundment (13:VII)|VII. Vehicle Impoundment]]{{·}}[[Superintendent of Motor Vehicles Prohibitions (13:VIII)|VIII. Superintendent]]{{·}}[[Motor Vehicle Offences for Drugs and Alcohol (13:IX)|IX. Alcohol and Drugs]]{{·}}[[Federal Driving Offences (13:X)|X. Federal Offences]]{{·}}[[Driving While Prohibited (13:XI)|XI. Driving While Prohibited]]{{·}}[[Motor Vehicle Law and ICBC Breaches (13:XII)|XII. ICBC Breaches]]{{·}}[[Bicycles and Motor Assisted Cycles (13:XIII)|XIII. Bicycles]]{{·}}[[LSLAP Program Information for Motor Vehicle Law (13:XIV)|XIV. LSLAP Program Information]]{{·}}[[Examples of Penalty Points and Fines for Motor Vehicle Offences (13:App A)|Appendix A: Penalty Points and Fines]]
===='''Chapter Fourteen - Mental Health Law'''====
* [[Introduction to Mental Health and Capacity (14:I)|I. Introduction]]{{·}}[[Governing Legislation and Resources for Mental Health (14:II)|II. Governing Legislation and Resources]]{{·}}[[Mental Health Theory and Approach (14:III)|III. Theory and Approach]]{{·}}[[Mental Health Law and Legal Rights (14:IV)|IV. Legal Rights]]{{·}}[[Mental Health Patient Admission (14:V)|V. Patient Admission]]{{·}}[[Mental Health Act: Consent to Medical Treatment (14:VI)|VI. Consent to Medical Treatment]]{{·}}[[Mental Health Act: Involuntarily Admitted Patients (14:VII)|VII. Involuntarily Admitted]]{{·}}[[Mental Health Act and Youth (14:VIII)|VIII. Youth]]{{·}}[[Mental Health and the Criminal Code (14:IX)|IX. Criminal Code]]{{·}}[[Mental Health Complaints to the Ombudsperson (14:X)|X. Complaints]]{{·}}[[Mental Health: References (14:XI)|XI. References]]{{·}}[[LSLAP File Administration Policy for Mental Health (14:XII)|XII. LSLAP File Administration Policy]]
===='''Chapter Fifteen – Adult Guardianship and Substitute Decision-Making'''====
* [[Introduction to Adult Guardianship and Substitute Decision-Making (15:I)|I. Introduction]]{{·}}[[Governing Legislation for Adult Guardianship (15:II)|II. Governing Legislation]]{{·}}[[Mental Capacity for Adult Guardianship (15:III)|III. Mental Capacity]]{{·}}[[Substitute Decision Making for Adult Guardianship (15:IV)|IV. Substitute Decision Making]]{{·}}[[Adult Guardianship (15:V)|V. Adult Guardianship]]{{·}}[[Adult Abuse and Neglect (15:VI)|VI. Adult Abuse]]{{·}}[[Sources and Resources for Adult Guardianship (15:VII)|VII. Sources and Resources]]{{·}}[[Enduring Power of Attorney (15:App A)|Appendix A: EPOA]]{{·}}[[BC Public Guardian and Trustee Decision Tree on Adult Abuse and Neglect (15:App B)|Appendix B: Decision Tree on Adult Abuse and Neglect]]
===='''Chapter Sixteen – Wills and Estate Administration'''====
* [[Introduction to Wills and Estate Administration (16:I)|I. Introduction]]{{·}}[[Governing Legislation and Resources for Wills and Estate (16:II)|II. Governing Legislation and Resources]]{{·}}[[Making and Executing a Will (16:III)|III. Making and Executing]]{{·}}[[Mistakes and Alterations in a Will (16:IV)|IV. Mistakes and Alterations]]{{·}}[[Court's Power to Cure Deficiencies and Rectify Wills (16:V)|V. Court's Power]]{{·}}[[Revocation of a Will (16:VI)|VI. Revocation]]{{·}}[[Wills Variation Claims (16:VII)|VII. Wills Variation Claims]]{{·}}[[Intestacy (16:VIII)|VIII. Intestacy]]{{·}}[[Property in Wills and Estate (16:IX)|IX. Property]]{{·}} [[First Nations and Wills (16:X)|X. First Nations and Wills]]{{·}} [[Estate Administration (16:XI)|XI. Estate Administration]]{{·}}[[Duties of a Personal Representative (16:XII)|XII. Duties of a Personal Representative]]{{·}}[[Taxation: RRSP & RRIF & TFSA (16:XIII)|XIII. Taxation: RRSP & RRIF & TFSA]]{{·}}[[LSLAP File Administration Policy for Wills and Estate (16:XIV)|XIV. LSLAP File Administration Policy]]{{·}}[[Will Instructions Questionnaire (16:App A)|Appendix A: Will Instructions Questionnaire]]{{·}}[[Will Drafting and Execution Checklist (16:App B)|Appendix B: Will Drafting and Execution Checklist]]{{·}}[[Wills Glossary (16:App C)|Appendix C: Glossary]]
===='''Chapter Seventeen – Citizenship'''====
* [[Introduction to Citizenship (17:I)|I. Introduction]]{{·}}[[Governing Legislation and Resources on Citizenship (17:II)|II. Governing Legislation and Resources]]{{·}}[[Who is a Canadian Citizen? (17:III)|III. Who is a Canadian Citizen?]]{{·}}[[Advantages and Responsibilities of Being a Citizen (17:IV)|IV. Advantages & Responsibilities]]{{·}}[[Citizenship Grants: How to Become a Canadian Citizen (17:V)|V. Citizenship Grants]]{{·}}[[How to Apply for a Citizenship Grant (17:VI)|VI. Applying for Citizenship Grant]]{{·}}[[Loss and Renunciation of Citizenship (17:VII)|VII. Loss and Renunciation]]{{·}}[[Proof of Citizenship (17:VIII)|VIII. Proof]]{{·}}[[Search of Citizenship Record (17:IX)|IX. Search of Citizenship Record]]{{·}}[[Referrals for Citizenship (17:X)|X. Referrals]]
===='''Chapter Eighteen – Immigration Law'''====
* [[Introduction to Immigration Law (18:I)|I. Introduction]]{{·}}[[Governing Legislation and Resources for Immigration Law (18:II)|II. Governing Legislation and Resources]]{{·}}[[Immigration Law’s Players (18:III)|III. Players]]{{·}}[[Categories of Persons under the Immigration and Refugee Protection Regulations (18:IV)|IV. Categories of Persons]]{{·}}[[Permanent Residence Application Process (18:V)|V. PR Application]]{{·}}[[Identifications for Permanent Residents (18:VI)|VI. Identifications]]{{·}}[[Immigration and Refugee Board (18:VII)|VII. IRB]]{{·}}[[Loss of Permanent Resident Status (18:VIII)|VIII. Loss of PR]]{{·}}[[In-Canada Temporary Residence Matters (18:IX)|IX. In-Canada Temporary Residence Matters]]{{·}}[[Immigration Removal Orders (18:X)|X. Removal Orders]]{{·}}[[Immigration Appeals (18:XI)|XI. Appeals]]{{·}}[[Immigration Offences (18:XII)|XII. Offences]]{{·}}[[Immigration Issues at Sentencing (18:XIII)|XIII. Issues at Sentencing]]{{·}}[[Important Addresses and Phone Numbers in Immigration Law (18:XIV)|XIV. Contacts]]
===='''Chapter Nineteen – Landlord and Tenant Law'''====
* [[The Residential Tenancy Act (19:I)|I. Residential Tenancy Act]]{{·}}[[Tenancy Agreements (19:II)|II. Tenancy Agreements]]{{·}}[[Moving In and Moving Out in Residential Tenancies (19:III)|III. Moving In and Moving Out]]{{·}}[[Security Deposits in Residential Tenancies (19:IV)|IV. Security Deposits]]{{·}}[[Repair and Service of Tenant’s Residence (19:V)|V. Repair and Service]]{{·}}[[Rent Increase in Residential Tenancies (19:VI)|VI. Rent Increase]]{{·}}[[Tenant’s Rights of Entry, Quiet Enjoyment, and Privacy (19:VII)|VII. Tenant's Rights]]{{·}}[[Subletting and Assignment in Residential Tenancies (19:VIII)|VIII. Subletting and Assignment]]{{·}}[[End of Tenancy (Termination and Eviction) (19:IX)|IX. Termination/Eviction]]{{·}}[[Dispute Resolution in Residential Tenancies (19:X)|X. Dispute Resolution]]{{·}}[[Tenancies and the Common Law (19:XI)|XI. Common Law]]{{·}}[[Strata Law and Residential Tenancies of Strata Lots (Condominiums) (19:XII)|XII. Strata Law]]{{·}}[[Assisted and Supported Living Tenancies (19:XIII)|XIII. Assisted Living]]{{·}}[[Commercial Tenancies (19:XIV)|XIV. Commercial Tenancies]]{{·}}[[Tenancy and Manufactured Homes (Formerly "Mobile Homes") (19:XV)|XV. Manufactured Homes]]{{·}}[[Tenancy and Income Assistance, Taxation, and Rental Housing (19:XVI)|XVI. Income Assistance]]{{·}}[[Tenancies in Secondary or Illegal Suites (19:XVII)|XVII. Illegal Suites]]{{·}}[[Residential Tenancy Forms (19:XVIII)|XVIII. Forms]]{{·}}[[Governing Legislation and Resources for Landlord and Tenant Law (19:XIX)|XIX. Governing Legislation and Resources]]
===='''Chapter Twenty – Small Claims and the CRT'''====
* [[Introduction to Small Claims (20:I)|I. Introduction]]{{·}}[[Governing Legislation and Resources for Small Claims (20:II)|II. Governing Legislation and Resources]]{{·}}[[Do You Have a Small Claim? (20:III)|III. Do You Have a Claim?]]{{·}}[[Choosing the Proper Forum for Small Claims (20:IV)|IV. Choosing the Proper Forum]]{{·}}[[Starting a Small Claim (20:V)|V. Starting a Claim]]{{·}}[[Responding to a Small Claim (20:VI)|VI. Responding to a Claim]]{{·}}[[Small Claims Default Order (20:VII)|VII. Default Order]]{{·}}[[How Small Claims Proceed (20:VIII)|VIII. How a Claim Proceeds]]{{·}}[[Small Claims Applications and Procedures Pre-Trial (20:IX)|IX. Pre-Trial]]{{·}}[[Small Claims Mediation (20:X)|X. Mediation]]{{·}}[[Small Claims Settlement Conferences (20:XI)|XI. Settlement Conferences]]{{·}}[[Small Claims Trial/Pre-Trial Conferences (20:XII)|XII. Trial/Pre-Trial Conferences]]{{·}}[[Small Claims Trial Preparation (20:XIII)|XIII. Trial Preparation]]{{·}}[[Small Claims Trials (20:XIV)|XIV. Trials]]{{·}}[[Small Claims Costs and Penalties (20:XV)|XV. Costs and Penalties]]{{·}}[[Small Claims Appeals (20:XVI)|XVI. Appeals]]{{·}}[[Enforcement of a Small Claims Judgment (20:XVII)|XVII. Enforcement of a Judgement]]{{·}}[[Small Claims Registries (20:App A)|Appendix A: Registries]]{{·}}[[Sample Demand Letter (20:App B)|Appendix B: Demand Letter]]{{·}}[[Sample Notice of Claim for Small Claims (20:App C)|Appendix C: Notice of Claim]]{{·}}[[Sample Reply to Claim for Small Claims (20:App D)|Appendix D: Reply to Claim]]{{·}}[[Small Claims Glossary (20:App E)|Appendix E: Glossary]]{{·}}[[Limitation Periods (20:App F)|Appendix F: Limitation Periods]]{{·}}[[Causes of Action (20:App G)|Appendix G: Causes of Action]]{{·}}[[Small Claims Court Fees (20:App H)|Appendix H: Court Fees]]{{·}}[[Civil Resolution Tribunal Fees (20:App I)|Appendix I: Tribunal Fees]]{{·}}[[Small Claims Settlement Conference Preparation Checklist (20:App J)|Appendix J: Settlement Conference]]{{·}}[[Small Claims Payment Hearing Checklist (20:App K)|Appendix K: Payment Hearing]]{{·}}[[Small Claims Appeal (20:App L)|Appendix L: Appeal]]{{·}}[[LSLAP File Administration Policy for Small Claims (20:App M)|Appendix M: LSLAP File Administration Policy]]
===='''Chapter Twenty One – Welfare Law'''====
* [[Introduction to Welfare (21:I)|I. Introduction]]{{·}}[[Governing Legislation and Resources for Welfare (21:II)|II. Governing Legislation and Resources]]{{·}}[[Welfare Eligibility (21:III)|III. Eligibility]]{{·}}[[Special Situations and Welfare (21:IV)|IV. Special Situations]]{{·}}[[Factors That May Affect Welfare Eligibility (21:V)|V. Eligibility Factors]]{{·}}[[Hardship Assistance and Welfare (21:VI)|VI. Hardship Assistance]]{{·}}[[Welfare Overpayments and Fraud (21:VII)|VII. Overpayments and Fraud]]{{·}}[[Welfare Rates and Payment Issues (21:VIII)|VIII. Rates and Payment Issues]]{{·}}[[Additional Allowances and Welfare Benefits (21:IX)|IX. Additional Benefits]]{{·}}[[Welfare and Health Supplements (21:X)|X. Health Supplements]]{{·}}[[Welfare Appeals (21:XI)|XI. Appeals]]
===='''Chapter Twenty Two – Strata Law'''====
* [[Introduction (22:I)|I. Introduction]]{{·}}[[Governing Legislation (22:II)|II. Governing Legislation]]{{·}}[[The Strata Concept (22:III)|III. Strata Concept]]{{·}}[[The Strata Plan (22:IV)|IV. Strata Plan]]{{·}}[[Common Property and Common Assets (22:V)|V. Common Property and Assets]]{{·}}[[Governance of the Strata Corporation (22:VI)|VI. Governance]]{{·}}[[Strata Management (22:VII)|VII. Management]]{{·}}[[Strata Corporation Finances (22:VIII)|VIII. Finances]]{{·}}[[Collections by Strata Corporations (22:IX)|IX. Collections]]{{·}}[[Strata Corporation Bylaws and Rules (22:X)|X. Bylaws and Rules]]{{·}}[[Rentals and Short-Term Accommodation (22:XI)|XI. Rentals and Accommodations]]{{·}}[[Privacy (22:XII)|XII. Privacy]]{{·}}[[Insurance (22:XIII)|XIII. Insurance]]{{·}}[[Duty to Repair and Maintain (22:XIV)|XIV. Repair and Maintain]]{{·}}[[Strata Dispute Resolution (22:XV)|XV. Dispute Resolution]]{{·}}[[Recourse to the Courts (22:XVI)|XVI. Recourse to the Courts]]
===='''Chapter Twenty Three – Referrals'''====
* [[General Legal Help Resources (23:I)|I. General]]{{·}}[[Family Law and Women's Resources (23:II)|II. Family Law & Women]]{{·}}[[Residential Tenancy Resources (23:III)|III. Residential Tenancy]]{{·}}[[Human Rights Resources (23:IV)|IV. Human Rights]]{{·}}[[Wills and Estates Resources (23:V)|V. Wills & Estates]]{{·}}[[Immigration and Refugee Resources (23:VI)|VI. Immigration & Refugee]]{{·}}[[Disability Resources (23:VII)|VII. Disability]]{{·}}[[Employment Resources (23:VIII)|VIII. Employment]]{{·}}[[Debt Resources (23:IX)|IX. Debt]]{{·}}[[Indigenous Resources (23:X)|X. Indigenous]]{{·}}[[Police Complaints Resources (23:XI)|XI. Police Complaints]]{{·}}[[Chinese Language Resources (23:XII)|XII. Chinese Language]]{{·}}[[Other Resources (23:XIII)|XIII. Others]]

</div>

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ICBC and Optional Insurance (12:IV)

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ICBC Enhanced Care System and Optional Insurance (12:IV)

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Optional Insurance Contracts (“OICs”) are additional optional coverage that any person can purchase at their discretion. These typically either extend the limits of existing coverage (under the same terms and conditions as the coverage that is being extended), or provide coverage that is not already provided for (''IVA'', s 61(1)). OICs can be purchased through private insurers or through ICBC.

The following are ''some'' of the common types of coverage and what they provide for, over and above the Basic Compulsory Coverage, that are commonly available for discretionary purchase. The below is merely meant to be an outline of common OIC types, and so it is critical to refer to your policy to understand the specifics of what is covered in your OIC.

==A. Extended Third-Party Liability ==
Allows for an extension of third-party liability coverage, on the same terms and conditions as the basic third-party liability coverage.

==B. Income Top-Up==
Extends the upper limit of the coverage available under the income replacement benefit provided as part of basic coverage (i.e., if an insured has a pre-accident net income over $100,000 this top-up might provide them greater coverage under this benefit).

==C. Own Damage Coverage==
===1. Collision ===
This insurance covers loss or damage to the insured vehicle resulting from upset or collision with another object, including the ground or highway, or impact with an object on or in the ground. This type of insurance is available with a wide choice of deductibles (''IVR'', s 150).

===2. Comprehensive===
This insurance covers loss or damage from any cause other than collision or upset. In addition to the Specified Perils listed below, this includes vandalism, malicious mischief, falling or flying objects, missiles, and impact with an animal. Comprehensive coverage is subject to various deductibles (''IVR'', s 150).

===3. Specified Perils===
This insurance is more limited than Comprehensive. It covers only loss or damage caused by fire, lightning, theft or attempted theft, windstorm, earthquake, hail, explosion, riot or civil commotion, falling or forced landing of an aircraft or part of an aircraft, rising water or the stranding, sinking, burning, derailment or collision of a conveyance in or on which a vehicle is being transported on land or water (''IVR'', s 150).

==D. Loss of Use Coverage==
Loss of Use coverage can be purchased only in conjunction with Own Damage (collision, comprehensive, or specified perils coverage). It provides reimbursement up to the limits purchased by the insured for expenses incurred for substitute transportation when a valid claim can be made under Own Damage coverage. Subject to the regulations, an insurer may provide for exclusions and limits of loss in an OIC, in respect of loss of use of the vehicle (''IVA'', s 65).

An OIC providing insurance against loss of use of a vehicle may contain a clause to the effect that, in the event of loss, the insurer must pay only an agreed portion of any loss that may be sustained or the amount of the loss after deduction of a sum specified in a policy. For such a clause to have legal effect, it must be printed in a prominent place on the policy and in conspicuous lettering contain the words “this clause contains a partial payment of loss clause” (''IVA'', s 67).

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ICBC and Basic Coverage (12:III)

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ICBC Enhanced Care System (Current Model) (12:III)

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{{REVIEWED LSLAP | date= August 1, 2023}}
{{LSLAP Manual TOC|expanded = ICBC}}
{{LSLAP 12 New System Notice}}

== A. Basic Coverage ==
Basic coverage is ''mandatory'' for all BC vehicles. Driving while uninsured is an offence (''MVA'', s 24(3)(a)) which carries a maximum penalty of a fine of up to $250 and/or imprisonment of up to three months (''MVA'', s 24(5)(a)). Driving an uninsured vehicle is also an offence (''MVA'', s 24(3)(b)) which carries a fine of at least $300 and no more than $2,000 and/or imprisonment for at least seven days and no more than six months (''MVA'', s 24(5)(b)).

The following is included as part of Basic Coverage. Note that this is meant to be a high-level explanation, and insured individuals should refer to their policy for more detail and up-to-date information.

== B. Enhanced Accident Benefits ==
Enhanced Accident Benefits are provided as part of basic coverage and are outlined under Part 10 of the ''Insurance (Vehicle) Act'' [''IVA'']. These benefits apply to accidents on or after May 1, 2021, “in which there is bodily injury caused by a vehicle” (''IVA'' ss 113 and 114(1)). These benefits are awarded on a no-fault basis, which means that they are paid directly by the insurer to the insured, irrespective of the fault of the insured (''IVA'', s 117). This also means that, under the new system, there is no longer a right of action (an ability to bring a lawsuit for damages against the other party) for injury arising from a vehicle accident (''IVA'', s 115). There are a few limited exceptions to this bar on actions for injury from a vehicle accident, which are outlined in [[When You Can Still Sue (12:VII)|Section VII: When You Can Still Sue]].

=== 1. Entitlement to Enhanced Benefits for BC Residents vs. Non-Residents ===
BC residents are covered by Enhanced Accident Benefits for accidents in BC, and for accidents in other jurisdictions in Canada and the United States.

For non-residents involved in an accident within BC, or one outside of BC but involving a BC-registered vehicle, particular considerations may apply to determine eligibility. See s 119 of the ''IVA'' for more detail on entitlement to benefits in these circumstances.

=== 2. Claim Deadlines and Requirements to Report Promptly ===
As a general rule, the insured has two years from the date of the accident within which to make a claim for Enhanced Accident Benefits (''Enhanced Accident Benefits Regulation'', BC Reg 59/2021, s 55(1), [''EABR'']). However, there are certain circumstances in which the deadline for making a claim may be measured differently. S 55 (1) of the ''Enhanced Accident Benefits Regulation'' sets out claim deadlines in specified circumstances. Please do not rely on this manual chapter as an authority for claim deadlines, and be sure to consult the regulation closely or speak with ICBC directly to confirm your deadline by which to make a claim, as it may change or may be case-specific.

:'''NOTE:''' To access Enhanced Accident Benefits, the insured also has a duty to, “''promptly notify the corporation of the accident''” when an accident occurs (''EABR'', s 56(1)). If an insured fails to do so, “without reasonable excuse and to the prejudice of the corporation”, then benefits may be refused (''EABR'', s 56(2)). For this reason, ''it is important to not delay in reporting an accident to ICBC'', as this may affect your ability to make a claim later.

:'''NOTE:''' There may be other deadlines related to your Enhanced Accident Benefit claim not noted here.

=== 3. Other Sources of Compensation ===
When awarding Enhanced Accident Benefits, ICBC will not pay a benefit that is available from another source as, “compensation for the same accident” (''IVA'', s 122(2)), although they may pay the difference between the Enhanced Accident Benefit and the other source. Other sources listed include those such as workers compensation, the Canada or Quebec Pension Plans, an employment or union plan, or other insurance (''IVR'', s 18(2)). Note that the above still applies even if the insured makes the choice not to access these other sources that are available to them.

=== 4. Summary of Enhanced Accident Benefit Types ===
The following is a basic explanation of some of the Enhanced Accident Benefits included. Insured individuals should refer to their policy for more details, and up-to-date information.

====a) Healthcare and Rehabilitation ====
These benefits cover healthcare and rehabilitation for those injured in a vehicle accident. These are available on a no-fault basis and are typically paid directly by ICBC to your medical provider (though this is not always the case).

An insured party is entitled to the following treatments if needed to treat the injury in the 12 weeks after their accident: acupuncture, chiropractic, kinesiology, massage therapy, physiotherapy, counselling, and psychology. Note that there are certain prescribed fee and appointment quantity caps for each of these treatments, which vary depending on the treatment type (see ''Enhanced Accident Benefits Regulation'', s 19, Table 1). Once the 12-week post-accident period and/or the number of pre-authorized appointments have elapsed, the insured must show that additional treatment is needed either, “to facilitate the insured’s recovery from the insured’s bodily injury” (''EABR'', s 19(a)), or to, “address a decline in the insured’s physical or mental function because of the insured’s bodily injury” (''EABR'', s 19(b)).

Various prosthetics, other medical equipment and certain prescription and non-prescription medications are also covered by this benefit (''EABR'', ss 21(1) and (4), and s 23), as are, “ambulance services from the scene of the accident” in certain prescribed circumstances (''EABR'', s 20).

Rehabilitation benefits are also available, “to contribute to the rehabilitation of an insured and to facilitate the insured's recovery from the insured's bodily injury” (''IVA'', s 124), which may include modifications to the insured’s home or vehicle (''EABR'', ss 24 and 25). In certain specified circumstances, compensation is also available to assist with the insured’s, “activities of daily living” (''IVA'', s 125(1)) which they could otherwise carry out before the accident. The amount of this benefit varies depending on the type of activity and the degree of assistance that the insured needs (see ''EABR'', ss 27-31 for detailed calculations).

Certain transportation, lodging and meal expenses are also covered if required for the insured to receive care. Note that there are relatively strict requirements for reimbursement or coverage of such expenses, which can be reviewed in detail under ''EABR'' ss 32-34.

Finally, in certain instances, reimbursement is also available to cover certain travel, lodging and meal expenses for an individual to travel to assist the insured. This applies in cases where an insured is under 16 years old, is in intensive care, requires “major healthcare” (defined in section 1 of the ''Health Care (Consent) and Care Facility (Admission) Act''), has a “life threatening” bodily injury, or when their life is in, “imminent danger” (''EABR'', s 35(2). The travel must be either:

:(a) to authorize treatment for the insured,
:(b) to assist the insured to make a decision respecting major health care,
:(c) to assist in the treatment of the insured’s bodily injury, or
:(d) to assist the insured on other medical or compassionate grounds. (''EABR'', s 35(3))

:'''Note:''' There is a cap on the amount that ICBC will cover, and that they will only cover these expenses for up to two individuals (''IVA'' s 125(6) and ''EABR'' s 35(4)).

For all of the above benefits, '''make sure to consult your policy closely to see which benefits require pre-approval from ICBC, and which do not.'''

====b) Caregiver Benefit====
The ''IVA'' allows for benefits to be paid to an insured who is injured in an accident and, “whose main occupation at the time of the accident is taking care of, without remuneration, one or more persons who are under 16 years of age or who are regularly unable for any reason to hold any employment” and who is, “unable to continue providing that care because of the insured's bodily injury”. This benefit is not payable to an insured who is, “a full-time earner, temporary earner, student or minor”, as these classes of insured persons have access to other benefits (''IVA'', s 152 (1)).

Once 180 days have passed following the accident, the insured individual receiving the caregiver benefit may choose to transition to the income replacement benefit. They may also choose to continue receiving the caregiver benefit (''IVA'' s 152(4)). ICBC has a legal duty to give the insured information to help them make this choice (''IVA'' s 152(5)).

====c) Income Replacement Benefit====
Income replacement benefits are available to full-time, part-time and temporary earners in certain prescribed circumstances, as well as to certain non-earners (''IVA'', ss 131-134). The entitlement amount is, “90% of the insured’s net income” (''Income Replacement and Retirement Benefits and Benefits for Students and Minors Regulation'', BC Reg 60/2021, s 2(1) [''IRR'']), as calculated by certain formulas specified in the regulation. This amount of net income that can be used for calculation is up to a maximum of $100,000, effective until March 31, 2022. This cap will change on a yearly basis beginning on April 1, 2022, in which the amount is obtained by multiplying $100,000 by the ratio between (a) the sum of the industrial average wage for each of the 12 months before October 1 of the year preceding the year for which the amount of the maximum yearly insurable earnings is calculated, and (b) the same sum for each of the 12 months before October 1, 2020 (''IRR'', ss 2(2) and (3)).

As set out in the ''Income Replacement and Retirement Benefits and Benefits for Students and Minors Regulation'', s 1(1), full-time, part-time and temporary earners are defined as follows:

''“full-time basis”'', in respect of employment, means:

:(a) an insured is employed at one employment for not less than 28 hours, not including overtime hours, in each week of the year preceding the date of the accident, or
:(b) an insured is employed at one employment
::(i) for not less than 28 hours per week, not including overtime hours, and
::(ii) for not less than 2 years with periods of work not less than 8 months in duration and with gaps between periods of work not more than 4 months;

''“part-time basis”'', in respect of employment, means an insured is employed for less than 28 hours per week, not including overtime hours;

''“temporary basis”'', in respect of an insured who is a temporary earner, means the insured is employed but not on a part-time basis or full-time basis.

For '''part-time, temporary, and non-earners''', after the first 180 days of benefits ICBC will initiate a process called determining employment (see ''IRR'', s 13). This involves considering factors like, “education, training, work experience and physical and intellectual abilities of the insured immediately before the accident”, as well as factors like work experience and wages over the five years prior to the crash. If the insured part-time, temporary or non-earner is unable to do the determined employment as a result of the accident, then they continue to receive their benefit, and cannot receive a lower benefit amount than received prior to the determination of employment. For those able to hold their determined employment, the income replacement benefit ends (''IRR'', s 11(1)(b)).

''Two years following the accident'', if the insured is still unable to hold their pre-accident job but is able to work, ICBC will determine employment for the insured (''IRR'', s 14(1)). This process applies to full-time workers, as well as part-time, temporary and non-earners who have previously had their employment determined under the process above. Once employment is determined under this process, the insured has a year to search for such employment. Following the end of that year, if the insured is able to find work, and that work has a, “gross yearly employment income” lower than that used to calculate their prior income benefit, then ICBC will begin to pay the insured, “the lesser of the following”:

:(a) the difference between the income replacement benefit the insured was receiving before the employment was determined…and the net income from the determined employment as calculated under this regulation;
:(b) the difference between the income replacement benefit the insured was receiving before the employment was determined…and the net income the insured earns from employment.”
:(IRR, s 10(1))

Some other circumstances in which ''income replacement benefits may end include'' when:

* “The insured is able to hold the employment that the insured held at the time of the accident” (''IVA'', s 146(1)(a))
* “The insured holds other employment from which the insured earns a gross income that is equal to or greater than the gross income that the insured earned from employment held at the time of the accident” (''IVA'', s 146(1)(b))

An insured who ''recovers'' from their injury and then suffers a relapse may also be entitled to re-instatement of their income replacement benefit. The calculation for this benefit varies depending on whether it has been less than two years or more than two years since the end of the prior benefit period (or since the accident if no prior income replacement benefits were received) (''IRR'', s 9).

'''Benefits for Students and Minors:'''
Certain benefits are also available to ''students'' aged 19 and over who are unable to continue their studies for a specified period due to an accident. If a student is eligible for both an income replacement benefit and a student benefit they cannot receive both, but are able to claim the larger benefit (''IRR'', Part 9). Similar benefits are also available for ''minors'' under age 19. Similarly, if a minor is eligible for both loss of studies benefit and an income benefit they cannot receive both, but are able to claim the larger benefit (''IRR'', Part 10).

'''Retirement Benefit:'''
Retirement income benefits are available to certain insured persons over the age of 65. An insured person receiving income replacement benefits is transitioned to the retirement benefit on whichever of the following two dates is later in time: either when they reach 65 years of age, or five years after becoming entitled to income replacement benefits (''IVA'', s 149). These benefits are calculated at, “70% of the insured’s net income as determined under subsection (2) of this section, less any pension income as determined under subsection (3).” (''IRR'', s 34(1)). The benefit is ''not'' available to those who are over 65 at the time of their accident and are not employed (''IVA'', s 148).

==== d) Death Benefit ====
Enhanced Care also provides for a death benefit, paid in a lump sum, for surviving spouses and dependants of the insured (''IVA'', ss 156-157). Death benefits for spouses are calculated by a formula which uses the deceased insured’s gross income. These spousal death benefits are capped at a maximum of $500,000 (''EABR'', s 47(2)). Death benefits for dependants are calculated in accordance with the age of the dependant at the time of death, and are capped at a maximum of $89,306 (''EABR'', s 48(2)).

====e) Permanent Impairment====
Enhanced Care provides for a lump sum payment to be made in cases of permanent impairment (''IVA'', s 129). This payment is calculated by:
:(a) determining if the insured has sustained a catastrophic injury in accordance with section 2,
:(b) determining the insured's permanent impairment rating in accordance with section 4, and
:(c) determining the compensation that corresponds to, as applicable,
::(i) the catastrophic injury in accordance with section 8 [permanent impairment compensation calculation — catastrophic injury], or
::(ii) the permanent impairment rating in accordance with section 9 [permanent impairment compensation calculation — non-catastrophic injury].</blockquote>
:(''Permanent Impairment Regulation'', BC Reg 61/2021, s 3 [''PIR''])</blockquote>

Catastrophic injury is defined in detail in s 2 of the ''Permanent Impairment Regulation''. Detailed information on the above calculations can be found in the ''Permanent Impairment Regulation''.

The Enhanced Care system also includes a recreation benefit for those who are permanently impaired as a result of their injuries. This benefit provides support for the insured to participate in certain recreational activities following their injury. Note that this benefit is only available to those with a “catastrophic injury” or those, “with a permanent impairment rating of 20% or more as determined in accordance with the Permanent Impairment Regulation” (''EABR'', s 36(2)). The dollar amount awarded for this benefit correlates to the percentage degree to which the insured is deemed to be permanently impaired (''EABR'', s 36(7)).

==C. Basic Vehicle Damage Coverage==
Basic vehicle damage coverage is also a part of ICBC’s mandatory basic coverage (''IVA'', s 173), and provides indemnification for certain vehicle repairs and other losses resulting from vehicle damage that occur as a result of an accident in British Columbia involving, “at least two vehicles” (''IVA'', s 174(2)), in specified circumstances.

When indemnification is provided for basic vehicle damage, “[t]he total value of indemnification…must be reduced by the extent to which, expressed as a percentage, (a) the owner and the operator of the insured's eligible vehicle and a person in a prescribed class of persons is responsible for the accident, and (b) another person whose name is not ascertainable is responsible for the accident” (''IVA'', ss 174(4) and 175(4)). This means that the insured is only indemnified in accordance with the percentage amount for which they are found to be not responsible for the accident (i.e. if an insured fully responsible for the crash, they are not indemnified under this coverage). If there is another unknown person who is not responsible for the accident, indemnification is also reduced accordingly.

The indemnification provided for damage to or loss of an eligible vehicle is capped at $200,000 (''Basic Vehicle Damage Coverage Regulation'', BC Reg 4/2021, s 15(2), [''BVDCR'']).

Indemnification is also provided for, “reasonable expenses incurred by the insured for loss of use in relation to the eligible vehicle in respect of the following: (a) hiring passenger directed vehicles; (b) using public transportation; (c) renting a substitute vehicle that is similar to the eligible vehicle, with the corporation's approval; [and] (d) using other alternative transportation with the corporation's approval” (''BVDCR'', s 18(2)), though this indemnification for passenger directed vehicles and public transportation does not apply if these expenses, “exceed expenses that would have been indemnified for renting a substitute vehicle that is similar to the eligible vehicle” (''BVDCR'', s 18(3)).

==D. Basic Third-Party Liability==
The basic theoretical principle behind third party liability insurance is that it is meant to indemnify the insured for claims that may be brought against them by someone else. Under the no-fault system, care for injuries is provided directly by the insurer to the injured party, as outlined above. However, there are still certain instances where an insured party may find themselves facing a claim from another party in an accident, such as when the insured causes non-vehicle property damage, or is driving outside BC in a jurisdiction where the other party is entitled to sue.

This third-party liability coverage, included as part of basic mandatory vehicle coverage, provides indemnity for this sort of property damage, as well as for injury or death that occurs in other jurisdictions in Canada or the United States, with certain specified exceptions (''IVR'', s 64). This indemnity for basic third-party liability is capped at $200,000 for most vehicles, with higher limits for buses, taxis, and limousines (''IVR'', Schedule 3, s 1(1.1)).

==E. Uninsured Motorists ==
This portion of basic coverage covers ''non-vehicle property damage'' caused to the insured’s property by an uninsured (identified) motorist, in British Columbia (''IVA'', s 20). This insurance is capped at $200,000 (''IVR'', Schedule 3, s 9(1)).

ICBC will not indemnify the claimant for amounts that the claimant can claim through, “any benefit, compensation similar to benefits, right to indemnity or claim to indemnity” that the claimant is entitled to (''IVR'', s 106(1)). This includes benefits such as those available under the ''Workers Compensation Act'' and the ''Employment Insurance Act''.

The process for claiming under this section remains the same as under the old ICBC system, and involves the insured claimant applying to ICBC. Once this claim is sent, ICBC has the ability to settle in favour of the claimant or to require the claimant to take legal action (''IVA'', s 20(5)). See [[ICBC and Compulsory Coverage (12:X)|Part II, Section X.D.1:]] of this manual (Uninsured Motorists or Unidentified Motorist Cases) for technical information on ICBC’s rights and obligations in this process.

==F. Unidentified Motorists (Hit and Run)==
This portion of basic coverage covers ''non-vehicle property damage'' caused to the insured’s property by an unidentified motorist (i.e. a hit and run case) in British Columbia. This coverage allows the insured party to bring a legal action against ICBC as a nominal defendant in order to obtain damages (''IVA'', s 24).

This insurance is capped at $200,000 (''IVR'', Schedule 3, s 9(1)), although a $750 deductible is subtracted from the total coverage amount paid to the insured (''IVR'', Schedule 3, s 9(1)).

ICBC will not indemnify the claimant for amounts that the claimant can claim through, “any benefit, compensation similar to benefits, right to indemnity or claim to indemnity” that the claimant is entitled to (''IVR'', s 106(1)). This includes benefits such as those available under the ''Workers Compensation Act'' and ''the Employment Insurance Act.''

'''Obligations of the insured in unidentified motorist cases:''' It is critical that, to claim coverage, the insured must have:

:(a) '''Within 48 hours after the discovery of the damage''', made a report to the police of the circumstances in which the damage occurred,
:(b) Obtained the police case file number for the report, and
:(c) On request of the corporation, advised the corporation of the police case file number.
:(''IVR'', s 107(1))

In addition, in order for a claimant to make a claim or get a judgment against ICBC in unidentified motorist cases, the court must first be satisfied that all reasonable efforts have been made to ascertain the identity of the owner and/or driver (''IVA'', s 24(5)). See [[ICBC and Compulsory Coverage (12:X)|Part II, Section X.D.2]] of this manual for more details on the case law in relation to this requirement.

Finally, to proceed with the claim against ICBC as a nominal defendant, the claimant must give written notice to ICBC “as soon as reasonably practicable” and within six months of the accident (''IVA'', s 24(2)).

==G. First Party Coverage Under Part 10 of the IVR==
===1. Inverse Liability===
Inverse liability protection provides for compensation for vehicle loss or damage in situations where an insured is travelling in another jurisdiction in Canada or the United States whose laws do not otherwise allow the insured to sue for such compensation. The amount of compensation is, “an amount equal to the amount of damages the insured would have recovered if the insured had had a right of action” (''IVR'', s 147(2)). In practice, this would mean that the amount that can be recovered under inverse liability would be limited if the insured is found to be partially or fully at fault.

Compensation under this section is limited to, “the least of the following: (a) the cost of repairing the vehicle; (b) the declared value of the vehicle; (c) the actual cash value of the vehicle” (''IVR'', s 147(3)).

===2. Uninsured or Hit and Run Accidents in Nunavut, the Yukon, Northwest Territories or United States of America===
Section 148 of the ''IVA'' specifies coverage in situations where, “death or injury of an insured arises out of the operation on a highway in Nunavut, the Yukon Territory, the Northwest Territories or the United States of America of an unidentified or uninsured vehicle, other than an uninsured vehicle owned by or registered in the name of the insured or a member of the same household as the insured.”

The coverage amount in these cases is capped at $200,000 (''IVR'', Schedule 3, s 11).

Note that the insured has certain duties in order to access this coverage. The ''IVA'' specifies that ICBC, “is not liable…unless the insured or a representative of the insured”:

:(a) with respect to an accident with an unidentified vehicle, '''reports the accident within 24 hours''' after its occurrence to a policeman, peace officer, judicial officer or the administrator of any law respecting motor vehicles,
:(b) within '''28 days after the occurrence, files with the corporation a statement under oath''' that the insured has a cause of action arising out of the accident against the owner or driver of an unidentified or uninsured vehicle and setting out the facts in support of that statement, and on the request of the corporation, allows the corporation to inspect the motor vehicle the insured occupied at the time of the occurrence. (''IVR'', s 148(5)

In addition to the above, ICBC will ''not'' be liable (i.e. ICBC will not compensate the claimant) in the following situations:

* if the insured has a right of recovery under an unsatisfied judgment;
* if the insured was operating a vehicle without the consent of the vehicle’s owner;
* if the insured fails to comply with s 148(4)(b) '''to the prejudice of ICBC'''. Under section 148(4)(b) of the IVR, the insured:
:* must file a copy of the originating process with ICBC within 60 days of the action commencing; '''and'''
:* must not settle a claim without the written consent of ICBC (''IVR'', s 148(4)

===3. Underinsured Motorists===
Underinsured motorist protection provides damages for injury or death in circumstances in which the other party to the accident, “is legally liable for the injury or death of an insured but is unable, when the injury or death occurs, to pay the full amount of damages recoverable by the insured or his personal representative in respect of the injury or death” (''IVR'', s 148.1(1)). In such cases, ICBC will, “compensate the insured, or a person who has a claim in respect of the death of the insured, for any amount he is entitled to recover from the underinsured motorist as damages for the injury or death” (''IVR'', s 148.1(2)).

Circumstances in which underinsured motorist protection would apply are uncommon under the new no-fault system but could arise in situations where the insured doesn’t have access to compensation for injury under Enhanced Care and the other driver is liable for the accident but is underinsured.

The amount of coverage for underinsured motorist protection is capped at $1 million (''IVR'', Schedule 3, s 13).

Underinsured motorist coverage applies to accidents in both Canada and the United States (IVR, s 148.1(2)(b)). However, underinsured motorist coverage only applies in jurisdictions or situations where there is a right of action (an ability to sue) for damages from an accident injury (''IVR'', s 148.2(4)(a)). [[When You Can Still Sue (12:VII)|See Section VII: When You Can Still Sue]] for a list of situations in which an insured individual may still be able to sue for injury arising from an accident in BC.

In cases of hit and run accidents involving an underinsured motorist, underinsured motorist protection only applies where:

:(a) the hit and run accident occurs on a highway, and
:(b) where the hit and run accident occurs in the Yukon, Northwest Territories or United States of America, there is actual physical contact between the insured or the vehicle occupied by the insured and the unidentified vehicle.
:(''IVR'', s 148.1(4))

It is important to note that, in relation to underinsured motorist protection, ''an insured is not permitted to settle an action without ICBC’s written consent'' (''IVR'', s 148.2(4)(b)).

{{LSLAP Manual Navbox|type=chapters8-14}}

LSLAP Manual

2024-07-24T15:39:54Z

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{{Cover Thumbnail
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The [[Law Students' Legal Advice Program]]'s (LSLAP) Annual Manual provides quick answers to many legal issues. It is made up of 23 chapters which amount to over 1,000 pages of printed materials. Originally designed as an educational resource for LSLAP students, it is now used by hundreds of organizations across British Columbia. Clicklaw Wikibooks and LSLAP have joined efforts to bring the Manual to the Clicklaw Wikibooks platform.

'''This Manual is intended for informational purposes only and does not constitute legal advice or an opinion on any issue. Nothing herein creates a solicitor-client relationship.''' All information in this Manual is of a general and summary nature that is subject to exceptions, different interpretations of the law by courts, and changes to the law from time to time. LSLAP and all persons involved in writing and editing this Manual provide no representations or warranties whatsoever as to the accuracy of, and disclaim all liability and responsibility for, the contents of this Manual. '''Persons reading this Manual should always seek independent legal advice particular to their circumstances.'''

==Contents==
<div class="ul-chapters-books">
===Introduction===

[[LSLAP_Manual_Introduction_Acknowledgements | Acknowledgements]]

===Chapters===

===='''Chapter One - Criminal Law'''====
*[[Introduction to Criminal Law (1:I)|I. Introduction]]{{·}}[[Governing Legislation and Resources for Criminal Law (1:II)|II. Governing Legislation and Resources]]{{·}}[[Etiquette for Criminal Matters (1:III)|III. Etiquette]]{{·}}[[Criminal Charges (1:IV)|IV. Criminal Charges]]{{·}}[[Substantive Law on Criminal Offences (1:V)|V. Substantive Law]]{{·}}[[Resolving Criminal Matters Prior to Trial (1:VI)|VI. Resolving Prior to Trial]]{{·}}[[Pleading Not Guilty and Criminal Trials (1:VII)|VII. Pleading Not Guilty/Trial]]{{·}}[[Other Issues in Criminal Matters (1:VIII)|VIII. Other Issues]]{{·}}[[Criminal Law and the Canadian Charter of Rights and Freedoms (1:IX)|IX. Charter of Rights and Freedoms]]{{·}}[[LSLAP Policies on Criminal Law (1:X)|X. LSLAP Policies]]{{·}}[[Information on Criminal Law for LSLAP Students (1:XI)|XI. Information for LSLAP Students]]{{·}}[[Etiquette for Criminal Matters for Law Students (1:XII)|XII. Etiquette for Law Students]]{{·}}[[Practice Recommendations on Criminal Law for Law Students (1:XIII)|XIII. Practice Recommendations]]{{·}}[[Sample Initial Sentencing Position (1:App A)|Appendix A: Initial Sentencing Position]]{{·}}[[Sample Information (1:App B)|Appendix B: Sample Information]]{{·}}[[Diversion Application and Sample Letter (1:App C)|Appendix C: Diversion Application]]{{·}}[[How to Prepare For and Conduct a Non-custodial Sentencing Hearing as a Law Student (1:App D)|Appendix D: Sentencing Hearing]]{{·}}[[Criminal Trial Books (1:App E)|Appendix E: Trial Books]]{{·}}[[Criminal Law Glossary (1:App F)|Appendix F: Glossary]]
===='''Chapter Two - Youth Justice'''====
* [[Introduction to Youth Justice (2:I)|I. Introduction]]{{·}}[[Governing Legislation and Resources for Youth Justice (2:II)|II. Governing Legislation and Resources]]{{·}}[[Criminal Offences: Youth Criminal Justice Act (2:III)|III. Criminal Offences: Youth Criminal Justice Act]]{{·}}[[Provincial Offences: Youth Justice Act (2:IV)|IV. Provincial Offences: Youth Justice Act]]{{·}}[[Youth Justice Glossary (2:App A)|Appendix A: Glossary]]
===='''Chapter Three - Family Law'''====
* [[Introduction to Family Law (3:I)|I. Introduction]]{{·}}[[Governing Legislation and Resources for Family Law (3:II)|II. Governing Legislation and Resources]]{{·}}[[Marriage (3:III)|III. Marriage]]{{·}}[[Divorce (3:IV)|IV. Divorce]]{{·}}[[Uncontested Divorce (3:V)|V. Uncontested Divorce]]{{·}}[[Simple Divorce Procedure: Step by Step (3:VI)|VI. Simple Divorce Procedure]]{{·}}[[Alternatives to Divorce (3:VII)|VII. Alternatives to Divorce]]{{·}}[[Family Violence (3:VIII)|VIII. Family Violence]]{{·}}[[Assets of Couples (3:IX)|IX. Assets]]{{·}}[[Spousal and Child Support (3:X)|X. Spousal and Child Support]]{{·}}[[Parenting Orders, Guardianship, and Contact (3:XI)|XI. Parenting Orders/Guardianship/Contact]]{{·}}[[Children and the Law (3:XII)|XII. Children and the Law]]{{·}}[[Adoption (3:XIII)|XIII. Adoption]]{{·}}[[Name Changes (3:XIV)|XIV. Name Changes]]{{·}}[[Court Procedures in Family Law (3:XV)|XV. Court Procedures]]{{·}}[[Family Law Glossary (3:App A)|Appendix A: Glossary]]
===='''Chapter Four - Victims'''====
* [[Introduction to Law for Victims of Crime (4:I)|I. Introduction]]{{·}}[[Governing Legislation for Victims of Crime (4:II)|II. Governing Legislation]]{{·}}[[Crime Victim Assistance Program (4:III)|III. Crime Victim Assistance Program]]{{·}}[[Avenues to Address Crime for Victims (4:IV)|IV. Avenues to Address Crime]]{{·}}[[Victims of Sexual Assault (4:V)|V. Victims of Sexual Assault]]{{·}}[[Victims of Relationship Violence (4:VI)|VI. Victims of Relationship Violence]]{{·}}[[Abuse and Neglect of Seniors or Those with Disabilities (4:VII)|VII. Seniors or Those with Disabilities]]{{·}}[[Victims of Human Trafficking (4:VIII)|VIII. Victims of Human Trafficking]]{{·}}[[Missing Persons and Abductions (4:IX)|IX. Missing Persons and Abductions]]{{·}}[[Trauma Informed Lawyers and Restorative Justice (4:X)|X. TIP and Restorative Justice]]{{·}}[[Resources for Indigenous Victims (4:XI)|XI. Resources for Indigenous Victims]]{{·}}[[Referrals and Follow-up regarding Victims of Crime (4:XII)|XII. Referrals and Follow-up]]
===='''Chapter Five - Public Complaints'''====
* [[Introduction to Public Complaints (5:I)|I. Introduction]]{{·}}[[Governing Legislation and Resources for Public Complaints (5:II)|II. Governing Legislation and Resources]]{{·}}[[Review of Administrative Decisions for Public Complaints (5:III)|III. Review of Administrative Decisions]]{{·}}[[Privacy or Access to Information for Public Complaints (5:IV)|IV. Privacy or Access to Information]]{{·}}[[Complaints Concerning Police Conduct (5:V)|V. Complaints Concerning Police Conduct]]{{·}}[[Complaints against Security Guards (5:VI)|VI. Complaints against Security Guards]]{{·}}[[The Right to Vote (5:VII)|VII. The Right to Vote]]{{·}}[[Complaints and Appeals UBC (5:VIII)|VIII. Complaints and Appeals UBC]]{{·}}[[Complaints and Appeals Simon Fraser University (5:IX)|IX. Complaints and Appeals SFU]]{{·}}[[Complaints against Other Colleges and Universities (5:X)|X. Complaints against Other Colleges and Universities]]{{·}}[[Complaints against Doctors (5:XI)|XI. Complaints against Doctors]]{{·}}[[Complaints against Lawyers (5:XII)|XII. Complaints against Lawyers]]{{·}}[[Complaints against other Professionals (5:XIII)|XIII. Complaints against other Professionals]]{{·}}[[LSLAP Program Information (5:XIV)|XIV. LSLAP Program Information]]{{·}}[[Public Complaints Glossary (5:App A)|Appendix A: Glossary]]{{·}}[[Sample Notice Letter to Sue the City or Police (5:App B)|Appendix B: Sample Notice Letter]]
===='''Chapter Six - Human Rights'''====
* {{·}}[[Introduction to Human Rights (6:I)|I. Introduction]]{{·}}[[Governing Legislation and Resources for Human Rights (6:II)|II. Governing Legislation and Resources]]{{·}}[[BC Human Rights Code (6:III)|III. BC Human Rights Code]]{{·}}[[Canadian Human Rights Act (6:IV)|IV. Canadian Human Rights Act]]{{·}}[[BC Civil Rights Protection Act (6:V)|V. BC Civil Rights Protection Act]]{{·}}[[Rights of the Child (6:VI)|VI. Rights of the Child]]{{·}}[[LSLAP's Role in Human Rights Proceedings (6:VII)|VII. LSLAP's Role in Human Rights Proceedings]]{{·}}[[Alternative Processes for Indigenous Complainants in Human Rights Proceedings (6:VIII)|VIII. Alternative Processes for Indigenous Complainants]]{{·}}[[Online Mediations and Hearings for Human Rights Complaints (6:IX)|IX. Online Mediations & Hearings]]
===='''Chapter Seven - Workers' Compensation'''====
* [[Introduction to Workers' Compensation (7:I)|I. Introduction]]{{·}}[[Governing Legislation, Policy and Guidelines for Workers' Compensation (7:II)|II. Governing Legislation, Policy & Guidelines]]{{·}}[[Introduction to Compensation Claims for Injured Workers (7:III)|III. Introduction to Compensation Claims for Injured Workers]]{{·}}[[LSLAP's Role at the Initial Decision Level for Workers' Compensation Claims (7:IV)|IV. LSLAP's Role at the Initial Decision Level]]{{·}}[[Limitation Periods and Timing of Decisions for Workers' Compensation (7:V)|V. Limitation Periods and Timing of Decisions]]{{·}}[[Making a Worker's Compensation Claim (7:VI)|VI. Making a Claim]]{{·}}[[The Worker's Compensation Claim Acceptance Process (7:VII)|VII. The Claim Acceptance Process]]{{·}}[[Worker Status for Workers' Compensation (7:VIII)|VIII. Worker Status]]{{·}}[[Disability and Causation in Workers' Compensation (7:IX)|IX. Disability and Causation]]{{·}}[[Time Limits and Procedures in Workers' Compensation (7:X)|X. Time Limits and Procedures]]{{·}}[[Workers' Compensation Claim Benefits (7:XI)|XI. Claim Benefits]]{{·}}[[Appeals in Worker's Compensation Claims (7:XII)|XII. Appeals]]{{·}}[[Health and Safety Regulations in the Workplace (7:XIII)|XIII. Health and Safety Regulations in the Workplace]]{{·}}[[Assessments of Employers for Workers' Compensation (7:XIV)|XIV. Assessments of Employers]]{{·}}[[The WCB Fair Practices Office (7:XV)|XV. The WCB Fair Practices Office]]{{·}}[[List of Abbreviations regarding Workers' Compensation (7:App A)|Appendix A: Abbreviations]]{{·}}[[List of Cases Regarding Workers' Compensation (7:App B)|Appendix B: List of Cases]]{{·}}[[Workers' Compensation Referrals (7:App C)|Appendix C: Referrals]]{{·}}[[Workers' Compensation Resources (7:App D)|Appendix D: Resources]]{{·}}[[Claims Process Flowchart for Workers' Compensation (7:App E)|Appendix E: Small Claims Flow Chart]]{{·}}[[Checklist for Workers' Compensation Interviews (7:App F)|Appendix F: Checklist for Interviews]]{{·}}[[Checklist for Workers' Compensation Review Division Appeals (7:App G)|Appendix G: Checklist for Appeals]]{{·}}[[Sample Authorization by Worker or Dependent Form (7:App H)|Appendix H: Sample Authorization Form]]
===='''Chapter Eight - Employment Insurance'''====
* [[Introduction to Employment Insurance (8:I)|I. Introduction]]{{·}}[[Governing Legislation and Resources for Employment Insurance (8:II)|II. Governing Legislation and Resources]]{{·}}[[Qualifying for Employment Insurance (8:III)|III. Qualifying for EI]]{{·}}[[Types of Employment Insurance Benefits (8:IV)|IV. Types of Benefits]]{{·}}[[Benefit Period of Employment Insurance (8:V)|V. Benefit Period]]{{·}}[[Quantifying Employment Insurance Benefits (8:VI)|VI. Quantifying Benefits]]{{·}}[[Employment Insurance Benefit Entitlement (8:VII)|VII. Benefit Entitlement]]{{·}}[[Penalties, Violations, and Offences with Employment Insurance (8:VIII)|VIII. Penalties, Violations, and Offences]]{{·}}[[Keeping Out of Trouble on Employment Insurance (8:IX)|IX. Keeping Out of Trouble]]{{·}}[[Timing for Reporting on Employment Insurance (8:X)|X. Timing for Reporting]]{{·}}[[Employment Insurance Overpayment and Collections (8:XI)|XI. Overpayment and Collections]]{{·}}[[Reconsideration of Employment Insurance Decisions (8:XII)|XII. Reconsideration]]{{·}}[[Social Security Tribunal Overview (8:XIII)|XIII. Social Security Tribunal]]{{·}}[[Appeals to the Social Security Tribunal General Division (8:XIV)|XIV. Appeals]]{{·}}[[Judicial Review of Employment Insurance in the Federal Court of Appeal (8:XV)|XV. Judicial Review]]{{·}}[[LSLAP's Use of This Chapter (8:XVI)|XVI. LSLAP's Use of This Chapter]]{{·}}[[Checklist for Initial Application for Employment Insurance (8:App A)|Appendix A: Initial Application Checklist]]
===='''Chapter Nine - Employment Law'''====
* [[Introduction to Employment Law (9:I)|I. Introduction]]{{·}}[[Governing Legislation and Resources for Employment Law (9:II)|II. Governing Legislation and Resources]]{{·}}[[Checklist for Employment Law (9:III)|III. Checklist]]{{·}}[[Preliminary Matters for Employment Law (9:IV)|IV. Preliminary Matters]]{{·}}[[Employment Law Issues (9:V)|V. Employment Issues]]{{·}}[[Remedies in Employment Law (9:VI)|VI. Remedies]]{{·}}[[Strategies and Tips for Employment Law (9:VII)|VII. Strategies and Tips]]{{·}}[[Employment Law Glossary (9:App A)|Appendix A: Glossary]]
===='''Chapter Ten - Creditors' Remedies and Debtors' Assistance'''====
* [[Introduction to Creditors' Remedies (10:I)|I. Introduction]]{{·}}[[Governing Legislation and Resources for Creditors and Debtors (10:II)|II. Governing Legislation and Resources]]{{·}}[[Creditors' Remedies against Debtors (10:III)|III. Creditors' Remedies]]{{·}}[[Introduction to Debtors' Options (10:IV)|IV. Debtors' Options]]{{·}}[[Dealing with Debt (10:V)|V. Dealing with Debt]]{{·}}[[Relevant Forms for Creditors' Remedies (10:App A)|Appendix A: Relevant Forms]]{{·}}[[Checklist for Examination in Aid of Execution for Creditors' Remedies (10:App B)|Appendix B: Examination Checklist]]
===='''Chapter Eleven - Consumer Protection'''====
* [[Introduction to Consumer Protection (11:I)|I. Introduction]]{{·}}[[Governing Legislation and Resources for Consumer Protection (11:II)|II. Governing Legislation and Resources]]{{·}}[[Contracts for Sale of Goods (11:III)|III. Contracts for Sale of Goods]]{{·}}[[Consumer Protection from Deceptive and Unconscionable Acts (11:IV)|IV. Consumer Protection]]{{·}}[[Direct Sales, Future Performance, and Time Share Contracts (11:V)|V. Direct Sales]]{{·}}[[Conditional Sales Contracts and Security Agreements (11:VI)|VI. Conditional Sales Contracts and Security Agreements]]{{·}}[[Motor Dealer Act (11:VII)|VII. Motor Dealer Act]]{{·}}[[Miscellaneous Consumer Protection Legal Information (11:VIII)|VIII. Miscellaneous]]{{·}}[[Forum of Redress (11:IX)|IX. Forum of Redress]]{{·}}[[Clinician Guide for Consumer Transactions (11:X)|X. Checklist for Consumer Transactions]]
===='''Chapter Twelve - Auto Insurance (ICBC)'''====
* [[Introduction to ICBC Automobile Insurance (12:I)|I. Introduction]]{{·}}[[Governing Legislation and Resources for ICBC Automobile Insurance (12:II)|II. Governing Legislation and Resources]]{{·}}[[ICBC and Basic Coverage (12:III)|III. Basic Coverage]]{{·}}[[ICBC and Optional Insurance (12:IV)|IV. Optional Insurance]]{{·}}[[Seeking Legal Counsel (12:V)|V. Seeking Legal Counsel]]{{·}}[[Disputes with ICBC (12:VI)|VI. Disputes with ICBC]]{{·}}[[When You Can Still Sue (12:VII)|VII. When You Can Still Sue]]{{·}}[[Introduction to ICBC Automobile Insurance for Accidents on or Before April 30 2021 (12:VIII)|VIII. On or Before April 30 2021]]{{·}}[[Limitation on Experts (12:IX)|IX. Limitation on Experts]]{{·}}[[ICBC and Compulsory Coverage (12:X)|X. Compulsory Coverage]]{{·}}[[Optional ICBC Insurance (12:XI)|XI. Optional Insurance]]{{·}}[[ICBC and Personal Injury Claims (12:XII)|XII. Personal Injury Claims]]{{·}}[[Claims Involving Out-of-province Insurers or Accidents (12:XIII)|XIII. Out-of-Province]]
===='''Chapter Thirteen - Motor Vehicle Law'''====
* [[Introduction to Motor Vehicle Law (13:I)|I. Introduction]]{{·}}[[Governing Legislation and Resources for Motor Vehicle Law (13:II)|II. Governing Legislation and Resources]]{{·}}[[Motor Vehicle Law at the Roadside (13:III)|III. At the Roadside]]{{·}}[[Duties after a Motor Vehicle Collision (13:IV)|IV. Duties after a Collision]]{{·}}[[Motor Vehicle Violation Tickets (13:V)|V. Violation Tickets]]{{·}}[[Provincial Driving Offences (13:VI)|VI. Provincial Offences]]{{·}}[[Motor Vehicle Impoundment (13:VII)|VII. Vehicle Impoundment]]{{·}}[[Superintendent of Motor Vehicles Prohibitions (13:VIII)|VIII. Superintendent]]{{·}}[[Motor Vehicle Offences for Drugs and Alcohol (13:IX)|IX. Alcohol and Drugs]]{{·}}[[Federal Driving Offences (13:X)|X. Federal Offences]]{{·}}[[Driving While Prohibited (13:XI)|XI. Driving While Prohibited]]{{·}}[[Motor Vehicle Law and ICBC Breaches (13:XII)|XII. ICBC Breaches]]{{·}}[[Bicycles and Motor Assisted Cycles (13:XIII)|XIII. Bicycles]]{{·}}[[LSLAP Program Information for Motor Vehicle Law (13:XIV)|XIV. LSLAP Program Information]]{{·}}[[Examples of Penalty Points and Fines for Motor Vehicle Offences (13:App A)|Appendix A: Penalty Points and Fines]]
===='''Chapter Fourteen - Mental Health Law'''====
* [[Introduction to Mental Health and Capacity (14:I)|I. Introduction]]{{·}}[[Governing Legislation and Resources for Mental Health (14:II)|II. Governing Legislation and Resources]]{{·}}[[Mental Health Theory and Approach (14:III)|III. Theory and Approach]]{{·}}[[Mental Health Law and Legal Rights (14:IV)|IV. Legal Rights]]{{·}}[[Mental Health Patient Admission (14:V)|V. Patient Admission]]{{·}}[[Mental Health Act: Consent to Medical Treatment (14:VI)|VI. Consent to Medical Treatment]]{{·}}[[Mental Health Act: Involuntarily Admitted Patients (14:VII)|VII. Involuntarily Admitted]]{{·}}[[Mental Health Act and Youth (14:VIII)|VIII. Youth]]{{·}}[[Mental Health and the Criminal Code (14:IX)|IX. Criminal Code]]{{·}}[[Mental Health Complaints to the Ombudsperson (14:X)|X. Complaints]]{{·}}[[Mental Health: References (14:XI)|XI. References]]{{·}}[[LSLAP File Administration Policy for Mental Health (14:XII)|XII. LSLAP File Administration Policy]]
===='''Chapter Fifteen – Adult Guardianship and Substitute Decision-Making'''====
* [[Introduction to Adult Guardianship and Substitute Decision-Making (15:I)|I. Introduction]]{{·}}[[Governing Legislation for Adult Guardianship (15:II)|II. Governing Legislation]]{{·}}[[Mental Capacity for Adult Guardianship (15:III)|III. Mental Capacity]]{{·}}[[Substitute Decision Making for Adult Guardianship (15:IV)|IV. Substitute Decision Making]]{{·}}[[Adult Guardianship (15:V)|V. Adult Guardianship]]{{·}}[[Adult Abuse and Neglect (15:VI)|VI. Adult Abuse]]{{·}}[[Sources and Resources for Adult Guardianship (15:VII)|VII. Sources and Resources]]{{·}}[[Enduring Power of Attorney (15:App A)|Appendix A: EPOA]]{{·}}[[BC Public Guardian and Trustee Decision Tree on Adult Abuse and Neglect (15:App B)|Appendix B: Decision Tree on Adult Abuse and Neglect]]
===='''Chapter Sixteen – Wills and Estate Administration'''====
* [[Introduction to Wills and Estate Administration (16:I)|I. Introduction]]{{·}}[[Governing Legislation and Resources for Wills and Estate (16:II)|II. Governing Legislation and Resources]]{{·}}[[Making and Executing a Will (16:III)|III. Making and Executing]]{{·}}[[Mistakes and Alterations in a Will (16:IV)|IV. Mistakes and Alterations]]{{·}}[[Court's Power to Cure Deficiencies and Rectify Wills (16:V)|V. Court's Power]]{{·}}[[Revocation of a Will (16:VI)|VI. Revocation]]{{·}}[[Wills Variation Claims (16:VII)|VII. Wills Variation Claims]]{{·}}[[Intestacy (16:VIII)|VIII. Intestacy]]{{·}}[[Property in Wills and Estate (16:IX)|IX. Property]]{{·}} [[First Nations and Wills (16:X)|X. First Nations and Wills]]{{·}} [[Estate Administration (16:XI)|XI. Estate Administration]]{{·}}[[Duties of a Personal Representative (16:XII)|XII. Duties of a Personal Representative]]{{·}}[[Taxation: RRSP & RRIF & TFSA (16:XIII)|XIII. Taxation: RRSP & RRIF & TFSA]]{{·}}[[LSLAP File Administration Policy for Wills and Estate (16:XIV)|XIV. LSLAP File Administration Policy]]{{·}}[[Will Instructions Questionnaire (16:App A)|Appendix A: Will Instructions Questionnaire]]{{·}}[[Will Drafting and Execution Checklist (16:App B)|Appendix B: Will Drafting and Execution Checklist]]{{·}}[[Wills Glossary (16:App C)|Appendix C: Glossary]]
===='''Chapter Seventeen – Citizenship'''====
* [[Introduction to Citizenship (17:I)|I. Introduction]]{{·}}[[Governing Legislation and Resources on Citizenship (17:II)|II. Governing Legislation and Resources]]{{·}}[[Who is a Canadian Citizen? (17:III)|III. Who is a Canadian Citizen?]]{{·}}[[Advantages and Responsibilities of Being a Citizen (17:IV)|IV. Advantages & Responsibilities]]{{·}}[[Citizenship Grants: How to Become a Canadian Citizen (17:V)|V. Citizenship Grants]]{{·}}[[How to Apply for a Citizenship Grant (17:VI)|VI. Applying for Citizenship Grant]]{{·}}[[Loss and Renunciation of Citizenship (17:VII)|VII. Loss and Renunciation]]{{·}}[[Proof of Citizenship (17:VIII)|VIII. Proof]]{{·}}[[Search of Citizenship Record (17:IX)|IX. Search of Citizenship Record]]{{·}}[[Referrals for Citizenship (17:X)|X. Referrals]]
===='''Chapter Eighteen – Immigration Law'''====
* [[Introduction to Immigration Law (18:I)|I. Introduction]]{{·}}[[Governing Legislation and Resources for Immigration Law (18:II)|II. Governing Legislation and Resources]]{{·}}[[Immigration Law’s Players (18:III)|III. Players]]{{·}}[[Categories of Persons under the Immigration and Refugee Protection Regulations (18:IV)|IV. Categories of Persons]]{{·}}[[Permanent Residence Application Process (18:V)|V. PR Application]]{{·}}[[Identifications for Permanent Residents (18:VI)|VI. Identifications]]{{·}}[[Immigration and Refugee Board (18:VII)|VII. IRB]]{{·}}[[Loss of Permanent Resident Status (18:VIII)|VIII. Loss of PR]]{{·}}[[In-Canada Temporary Residence Matters (18:IX)|IX. In-Canada Temporary Residence Matters]]{{·}}[[Immigration Removal Orders (18:X)|X. Removal Orders]]{{·}}[[Immigration Appeals (18:XI)|XI. Appeals]]{{·}}[[Immigration Offences (18:XII)|XII. Offences]]{{·}}[[Immigration Issues at Sentencing (18:XIII)|XIII. Issues at Sentencing]]{{·}}[[Important Addresses and Phone Numbers in Immigration Law (18:XIV)|XIV. Contacts]]
===='''Chapter Nineteen – Landlord and Tenant Law'''====
* [[The Residential Tenancy Act (19:I)|I. Residential Tenancy Act]]{{·}}[[Tenancy Agreements (19:II)|II. Tenancy Agreements]]{{·}}[[Moving In and Moving Out in Residential Tenancies (19:III)|III. Moving In and Moving Out]]{{·}}[[Security Deposits in Residential Tenancies (19:IV)|IV. Security Deposits]]{{·}}[[Repair and Service of Tenant’s Residence (19:V)|V. Repair and Service]]{{·}}[[Rent Increase in Residential Tenancies (19:VI)|VI. Rent Increase]]{{·}}[[Tenant’s Rights of Entry, Quiet Enjoyment, and Privacy (19:VII)|VII. Tenant's Rights]]{{·}}[[Subletting and Assignment in Residential Tenancies (19:VIII)|VIII. Subletting and Assignment]]{{·}}[[End of Tenancy (Termination and Eviction) (19:IX)|IX. Termination/Eviction]]{{·}}[[Dispute Resolution in Residential Tenancies (19:X)|X. Dispute Resolution]]{{·}}[[Tenancies and the Common Law (19:XI)|XI. Common Law]]{{·}}[[Strata Law and Residential Tenancies of Strata Lots (Condominiums) (19:XII)|XII. Strata Law]]{{·}}[[Assisted and Supported Living Tenancies (19:XIII)|XIII. Assisted Living]]{{·}}[[Commercial Tenancies (19:XIV)|XIV. Commercial Tenancies]]{{·}}[[Tenancy and Manufactured Homes (Formerly "Mobile Homes") (19:XV)|XV. Manufactured Homes]]{{·}}[[Tenancy and Income Assistance, Taxation, and Rental Housing (19:XVI)|XVI. Income Assistance]]{{·}}[[Tenancies in Secondary or Illegal Suites (19:XVII)|XVII. Illegal Suites]]{{·}}[[Residential Tenancy Forms (19:XVIII)|XVIII. Forms]]{{·}}[[Governing Legislation and Resources for Landlord and Tenant Law (19:XIX)|XIX. Governing Legislation and Resources]]
===='''Chapter Twenty – Small Claims and the CRT'''====
* [[Introduction to Small Claims (20:I)|I. Introduction]]{{·}}[[Governing Legislation and Resources for Small Claims (20:II)|II. Governing Legislation and Resources]]{{·}}[[Do You Have a Small Claim? (20:III)|III. Do You Have a Claim?]]{{·}}[[Choosing the Proper Forum for Small Claims (20:IV)|IV. Choosing the Proper Forum]]{{·}}[[Starting a Small Claim (20:V)|V. Starting a Claim]]{{·}}[[Responding to a Small Claim (20:VI)|VI. Responding to a Claim]]{{·}}[[Small Claims Default Order (20:VII)|VII. Default Order]]{{·}}[[How Small Claims Proceed (20:VIII)|VIII. How a Claim Proceeds]]{{·}}[[Small Claims Applications and Procedures Pre-Trial (20:IX)|IX. Pre-Trial]]{{·}}[[Small Claims Mediation (20:X)|X. Mediation]]{{·}}[[Small Claims Settlement Conferences (20:XI)|XI. Settlement Conferences]]{{·}}[[Small Claims Trial/Pre-Trial Conferences (20:XII)|XII. Trial/Pre-Trial Conferences]]{{·}}[[Small Claims Trial Preparation (20:XIII)|XIII. Trial Preparation]]{{·}}[[Small Claims Trials (20:XIV)|XIV. Trials]]{{·}}[[Small Claims Costs and Penalties (20:XV)|XV. Costs and Penalties]]{{·}}[[Small Claims Appeals (20:XVI)|XVI. Appeals]]{{·}}[[Enforcement of a Small Claims Judgment (20:XVII)|XVII. Enforcement of a Judgement]]{{·}}[[Small Claims Registries (20:App A)|Appendix A: Registries]]{{·}}[[Sample Demand Letter (20:App B)|Appendix B: Demand Letter]]{{·}}[[Sample Notice of Claim for Small Claims (20:App C)|Appendix C: Notice of Claim]]{{·}}[[Sample Reply to Claim for Small Claims (20:App D)|Appendix D: Reply to Claim]]{{·}}[[Small Claims Glossary (20:App E)|Appendix E: Glossary]]{{·}}[[Limitation Periods (20:App F)|Appendix F: Limitation Periods]]{{·}}[[Causes of Action (20:App G)|Appendix G: Causes of Action]]{{·}}[[Small Claims Court Fees (20:App H)|Appendix H: Court Fees]]{{·}}[[Civil Resolution Tribunal Fees (20:App I)|Appendix I: Tribunal Fees]]{{·}}[[Small Claims Settlement Conference Preparation Checklist (20:App J)|Appendix J: Settlement Conference]]{{·}}[[Small Claims Payment Hearing Checklist (20:App K)|Appendix K: Payment Hearing]]{{·}}[[Small Claims Appeal (20:App L)|Appendix L: Appeal]]{{·}}[[LSLAP File Administration Policy for Small Claims (20:App M)|Appendix M: LSLAP File Administration Policy]]
===='''Chapter Twenty One – Welfare Law'''====
* [[Introduction to Welfare (21:I)|I. Introduction]]{{·}}[[Governing Legislation and Resources for Welfare (21:II)|II. Governing Legislation and Resources]]{{·}}[[Welfare Eligibility (21:III)|III. Eligibility]]{{·}}[[Special Situations and Welfare (21:IV)|IV. Special Situations]]{{·}}[[Factors That May Affect Welfare Eligibility (21:V)|V. Eligibility Factors]]{{·}}[[Hardship Assistance and Welfare (21:VI)|VI. Hardship Assistance]]{{·}}[[Welfare Overpayments and Fraud (21:VII)|VII. Overpayments and Fraud]]{{·}}[[Welfare Rates and Payment Issues (21:VIII)|VIII. Rates and Payment Issues]]{{·}}[[Additional Allowances and Welfare Benefits (21:IX)|IX. Additional Benefits]]{{·}}[[Welfare and Health Supplements (21:X)|X. Health Supplements]]{{·}}[[Welfare Appeals (21:XI)|XI. Appeals]]
===='''Chapter Twenty Two – Strata Law'''====
* [[Introduction (22:I)|I. Introduction]]{{·}}[[Governing Legislation (22:II)|II. Governing Legislation]]{{·}}[[The Strata Concept (22:III)|III. Strata Concept]]{{·}}[[The Strata Plan (22:IV)|IV. Strata Plan]]{{·}}[[Common Property and Common Assets (22:V)|V. Common Property and Assets]]{{·}}[[Governance of the Strata Corporation (22:VI)|VI. Governance]]{{·}}[[Strata Management (22:VII)|VII. Management]]{{·}}[[Strata Corporation Finances (22:VIII)|VIII. Finances]]{{·}}[[Collections by Strata Corporations (22:IX)|IX. Collections]]{{·}}[[Strata Corporation Bylaws and Rules (22:X)|X. Bylaws and Rules]]{{·}}[[Rentals and Short-Term Accommodation (22:XI)|XI. Rentals and Accommodations]]{{·}}[[Privacy (22:XII)|XII. Privacy]]{{·}}[[Insurance (22:XIII)|XIII. Insurance]]{{·}}[[Duty to Repair and Maintain (22:XIV)|XIV. Repair and Maintain]]{{·}}[[Strata Dispute Resolution (22:XV)|XV. Dispute Resolution]]{{·}}[[Recourse to the Courts (22:XVI)|XVI. Recourse to the Courts]]
===='''Chapter Twenty Three – Referrals'''====
* [[General Legal Help Resources (23:I)|I. General]]{{·}}[[Family Law and Women's Resources (23:II)|II. Family Law & Women]]{{·}}[[Residential Tenancy Resources (23:III)|III. Residential Tenancy]]{{·}}[[Human Rights Resources (23:IV)|IV. Human Rights]]{{·}}[[Wills and Estates Resources (23:V)|V. Wills & Estates]]{{·}}[[Immigration and Refugee Resources (23:VI)|VI. Immigration & Refugee]]{{·}}[[Disability Resources (23:VII)|VII. Disability]]{{·}}[[Employment Resources (23:VIII)|VIII. Employment]]{{·}}[[Debt Resources (23:IX)|IX. Debt]]{{·}}[[Indigenous Resources (23:X)|X. Indigenous]]{{·}}[[Police Complaints Resources (23:XI)|XI. Police Complaints]]{{·}}[[Chinese Language Resources (23:XII)|XII. Chinese Language]]{{·}}[[Other Resources (23:XIII)|XIII. Others]]

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