5,109
edits
Difference between revisions of "Claims Involving Out-of-province Insurers or Accidents (12:XIII)"
From Clicklaw Wikibooks
Claims Involving Out-of-province Insurers or Accidents (12:XIII) (view source)
Revision as of 05:11, 6 August 2017
, 05:11, 6 August 2017no edit summary
m |
m |
||
| Line 76: | Line 76: | ||
==== a) Without a Court Order ==== | ==== a) Without a Court Order ==== | ||
According to Rule 13(1) of the ''Supreme Court Rules'' in any of the circumstances enumerated in s 10 of the '' | According to Rule 13(1) of the ''Supreme Court Rules'', in any of the circumstances enumerated in s 10 of the ''CJPTA'', the B.C. plaintiff can serve the out-of-province defendant without order of the court. | ||
Notable circumstances for which this is the case include: | Notable circumstances for which this is the case include: | ||
*Actions concerning a tort committed in | *Actions concerning a tort committed in B.C,; and | ||
*Actions concerning contractual obligations, where: | *Actions concerning contractual obligations, where: | ||
**the contractual obligations, to a substantial extent, were to be performed in B.C.; or | |||
**by its express terms, the contract is governed by the law of B.C. | |||
In cases where a PAU operates, the claimant need not serve the out-of-province insured directly as the PAU appoints B.C.’s Superintendent of Financial Institutions as the out-of-province insurer’s counsel to accept service for any lawsuit against the insured arising out of a motor vehicle accident that took place in B.C. | |||
==== b) With Leave of the Court ==== | ==== b) With Leave of the Court ==== | ||
The | The B.C. plaintiff must obtain an order for service outside B.C. if the facts of the claim do not fall within one of the recognized categories listed in s 10 of ''CJPTA''. | ||
{{LSLAP Manual Navbox|type=chapters8-14}} | {{LSLAP Manual Navbox|type=chapters8-14}} | ||
