5,109
edits
Difference between revisions of "Clinician Guide for Consumer Transactions (11:X)"
From Clicklaw Wikibooks
Clinician Guide for Consumer Transactions (11:X) (view source)
Revision as of 22:40, 17 August 2022
, 22:40, 17 August 2022no edit summary
m (Clicklaw Editor moved page Clinician Guide for Consumer Transactions (11:IX) to Clinician Guide for Consumer Transactions (11:X)) |
|||
| Line 1: | Line 1: | ||
{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= June 22, 2022}} | ||
{{LSLAP Manual TOC|expanded = consumer}} | {{LSLAP Manual TOC|expanded = consumer}} | ||
| Line 102: | Line 102: | ||
If the claim was discovered before June 1, 2013, the former ''Limitation Act'' applies. At this point, the claim would be outside the limitation period unless there is an exception in the act for the type of claim brought. Under the former act, if the claim is for breach of contract, s 3(5) of the ''Limitation Act'', RSBC 1996, c 266 states that the limitation period for breach of contract is 6 years. However, under s 3(2)(a), where damages claimed arise from physical damage to persons or property, the limitation period is 2 years, even where the claim is based on contract. In addition, if the claim is for negligence as well, the limitation period is 2 years. | If the claim was discovered before June 1, 2013, the former ''Limitation Act'' applies. At this point, the claim would be outside the limitation period unless there is an exception in the act for the type of claim brought. Under the former act, if the claim is for breach of contract, s 3(5) of the ''Limitation Act'', RSBC 1996, c 266 states that the limitation period for breach of contract is 6 years. However, under s 3(2)(a), where damages claimed arise from physical damage to persons or property, the limitation period is 2 years, even where the claim is based on contract. In addition, if the claim is for negligence as well, the limitation period is 2 years. | ||
=== F. Determine the Forum of Redress === | |||
Determine if there is an arbitration clause. If there is, determine if there are enforceability issues for that arbitration clause. If there is no arbitration clause or it is unenforceable, determine the eligibility of the claim as a class action. If the claim appears to meet the certification requirements for a class action, the client will need to be advised of the pros and cons of class actions and individual claims and the merits of their claim. Keep in mind what forum their individual claim qualifies for (CRT, Small Claims, Supreme Court), as this may impact the context and circumstances of their individual claim. The aggrieved consumer can also report the alleged violation to Consumer Protections BC. | |||
{{LSLAP Manual Navbox|type=chapters8-14}} | {{LSLAP Manual Navbox|type=chapters8-14}} | ||
