Anonymous

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 04:51, 13 August 2016

1,782 bytes removed ,  04:51, 13 August 2016
→‎F. Civil Resolution Tribunal
Line 83: Line 83:
With a new ''Limitation Act'', SBC 2012, c 13 now in force, it is vital that students determine whether the new or the old legislation applies to a particular legal matter. If the act or omission occurred after June 1, 2013, the new Act applies and the basic limitation period of two years set out in s 6(1) applies. Note, however, that if the claim was discovered before June 1, 2013, the former ''Limitation Act'' applies.  
With a new ''Limitation Act'', SBC 2012, c 13 now in force, it is vital that students determine whether the new or the old legislation applies to a particular legal matter. If the act or omission occurred after June 1, 2013, the new Act applies and the basic limitation period of two years set out in s 6(1) applies. Note, however, that if the claim was discovered before June 1, 2013, the former ''Limitation Act'' applies.  


If the former Act applies and the client is suing 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 '''six years'''. However, under s. 3(2)(a), where damages claimed arise from physical damage to persons or property, the limitation period is '''two years''', even where the claim is based on contract. Also, if the client is considering suing for negligence as well, the limitation period  is '''two years'''. Therefore, to take advantage of all the possible remedies available, the prudent course is to start an action for breach of contract and file the notice of claim within two years of the date when the cause of action arose.
If the former Act applies and the client is suing 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 '''six years'''. However, under s. 3(2)(a), where damages claimed arise from physical damage to persons or property, the limitation period is '''two years''', even where the claim is based on contract. Also, if the client is considering suing for negligence as well, the limitation period  is '''two years'''. Therefore, to take advantage of all the possible remedies available, the prudent course is to start an action for breach of contract and file the notice of claim within two years of the date when the cause of action arose.
 
== F. Civil Resolution Tribunal ==
 
'''Note:''' British Columbia's new civil ''Resolution Tribunal Act'' received Royal Assent in May 2012. The Act was supposed to come into force in Spring 2015. However, most of its provisions are still not in force. 
 
The Act establishes a new dispute resolution body, the Civil Resolution Tribunal. It is anticipated that the Tribunal will begin operation sometime in 2015.  Once operational, the Tribunal will provide a new venue for the resolution of small claims matters. I will encourage people to use a broad range of collaborative dispute resolution tools to resolve their disputes as early as possible, while still preserving adjudication as a last resort.                           
 
The Act will provide the Civil Resolution Tribunal to resolve:
*Small claims disputes where the parties decide to take the matter to the tribunal instead of the court, up to a maximum value of $25,000 for:
**debt or damages;
**recovery of personal property;
**specific performance of an agreement relating to personal property or services; or
**relief from opposing claims to personal property
*Strata disputes between owners of strata properties and strata corporations for a wide variety of matters such as:
**non-payment of monthly strata fees or fines;
**unfair actions by the strata corporation or by people owning more than half of the  strata lots in a complex;
**uneven, arbitrary or non-enforcement of strata bylaws (such as noise, pets, parking, rentals);
**issues of financial responsibility for repairs and the choice of bids for services;
**irregularities in the conduct of meetings, voting, minutes or other matters;
**interpretation of the legislation, regulations or bylaws; and
**issues regarding the common property.
LSLAP
5,109

edits

Retrieved from "https://wiki.clicklaw.bc.ca/index.php?title=Special:MobileDiff/30853"