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Difference between revisions of "ICBC and Personal Injury Claims (12:XII)"
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ICBC and Personal Injury Claims (12:XII) (view source)
Revision as of 23:30, 4 August 2016
, 23:30, 4 August 2016→B. Identifying Parties to the Dispute
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'''NOTE:''' It is very important to properly determine who the parties are. Failure to do so may adversely affect the client’s claim, and/or may result in an empty judgement. See [[Foreword to Small Claims (20:I) | Chapter 20: Small Claims Procedure]] for more information (the information holds true in Supreme Court as well). | '''NOTE:''' It is very important to properly determine who the parties are. Failure to do so may adversely affect the client’s claim, and/or may result in an empty judgement. See [[Foreword to Small Claims (20:I) | Chapter 20: Small Claims Procedure]] for more information (the information holds true in Supreme Court as well). | ||
'''NOTE:''' When the accident occurred “in the course of employment”, the ''Workers Compensation Act'' [WCA], RSBC 1996, c492, may apply. Where the WCA is engaged, the Act assumes exclusive jurisdiction over the case, and an action in tort is barred. It is therefore extremely important to fully explore the employment relationship(s) of both plaintiffs and defendants before proceeding. See [[Introduction to Workers%27 Compensation (7:I) | Chapter 7: Workers’ Compensation]] for more information. | '''NOTE:''' When the accident occurred “in the course of employment”, the ''Workers Compensation Act'' [WCA], RSBC 1996, c492, may apply. Where the WCA is engaged, the Act assumes exclusive jurisdiction over the case, and an action in tort is barred. It is therefore extremely important to fully explore the employment relationship(s) of both plaintiffs and defendants before proceeding. See [[Introduction to Workers%27 Compensation (7:I) | Chapter 7: Workers’ Compensation]] for more information. | ||
== C. The Fault Requirement == | == C. The Fault Requirement == | ||
