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For other forms of businesses such as limited partnerships (LP), limited liability partnerships (LLP), and unlimited liability corporations (ULC), legal advice is recommended. | For other forms of businesses such as limited partnerships (LP), limited liability partnerships (LLP), and unlimited liability corporations (ULC), legal advice is recommended. | ||
=== 2. Suing a Person over 19 Years Old == | === 2. Suing a Person over 19 Years Old === | ||
Do not use titles such as Mr., Mrs. or Ms. Use full names, not initials (i.e., “Dr. D. Smith” should be “Doris Smith”). Claimants may sue more than one defendant if the claim against each defendant is related. Divide the “To” space in half and use one half for the name and address of each defendant; alternatively, the notice of claim filing assistant41 makes it convenient to add multiple defendants. | Do not use titles such as Mr., Mrs. or Ms. Use full names, not initials (i.e., “Dr. D. Smith” should be “Doris Smith”). Claimants may sue more than one defendant if the claim against each defendant is related. Divide the “To” space in half and use one half for the name and address of each defendant; alternatively, the notice of claim filing assistant41 makes it convenient to add multiple defendants. | ||
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Telephone: (604) 661-2233 or 1(800) 464-5050 | Telephone: (604) 661-2233 or 1(800) 464-5050 | ||
Note: If a motor vehicle has caused personal injury or property damage or a claimant has been denied coverage by ICBC, refer to the entire Law Students’ Legal Advice Program’s “Automobile Insurance (ICBC)” guide. Claims involving motor vehicles and motor vehicle insurance can be complicated; it is not possible to cover all possibilities in this Small Claims guide. A claimant should be alert to the following: | '''Note: If a motor vehicle has caused personal injury or property damage or a claimant has been denied coverage by ICBC, refer to the entire Law Students’ Legal Advice Program’s “Automobile Insurance (ICBC)” guide. Claims involving motor vehicles and motor vehicle insurance can be complicated; it is not possible to cover all possibilities in this Small Claims guide.''' | ||
A claimant should be alert to the following: | |||
*a claim involving motor vehicle insurance may have a shorter limitation period; | |||
*parties other than the driver (e.g., the owner of the vehicle) may also be liable; | |||
*a lawsuit for Part 7 (No Fault) benefits should be filed if appropriate; | |||
*ICBC may be liable if damage is caused by an unidentified (i.e., hit and run)43, under, or uninsured motorist44; and | |||
*personal injury claims are very difficult to value and it may be appropriate to consider bringing the claim in Supreme Court if the injuries are more than trivial. | |||
Many personal injury lawyers work on a contingency basis. A claimant may wish to consult a personal injury lawyer prior to filing the claim to ensure that the amount claimed is reasonable and all parties are properly listed on the Notice of Claim. | |||
Whether or not ICBC is named as a defendant, in a claim for damages caused by a vehicle in British Columbia, a claimant '''must''' serve ICBC with a copy of the Notice of Claim and a blank Reply form in the same manner as serving a corporate defendant45. | |||
Where ICBC is properly named as a defendant, its correct legal name is the '''Insurance Corporation of British Columbia'''. It is a special type of corporation and the usual corporate designation such as Inc. is not required. | |||
=== 5. Suing the Government === | |||
==== a) Federal Government ==== | |||
The federal government should be named as either “Attorney General of Canada” or “Her Majesty in right of Canada”. If an agency of the Crown is to be sued and '''if a federal Act permits''', the agency may be sued in the name of that agency.46 | |||
==== b) Provincial ==== | |||
The provincial government should be named as “Her Majesty the Queen in right of the Province of British Columbia”.47 | |||
=== 6. Suing the Police === | |||
The “Royal Canadian Mounted Police” is not a legal entity that can sue or be sued48. | |||
A claimant who wishes to sue for damages arising from the conduct of a police officer should sue the individual police officers and the Minister of Justice and Attorney General49. A claimant who is suing a municipal police force should sue the individual police officers as well as the municipality employing the police officers. It is critical that a claimant provide written notice to the city within '''two months''' of the event giving rise to the cause of action50. |