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Difference between revisions of "Causes of Action (20:App G)"
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→3) Causes of action to see a lawyer about
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*#*b. Peace officer’s duty to prevent crime and protect others | *#*b. Peace officer’s duty to prevent crime and protect others | ||
*#*c. Negligent Infliction of Psychiatric Harm/Nervous Shock | *#*c. Negligent Infliction of Psychiatric Harm/Nervous Shock | ||
*#*d. Manufacturer’s and Supplier’s Duty to Warn | |||
*#*e. Negligent Performance of a Service | |||
*#*f. Negligent Supply of Shoddy Goods or Structures | |||
*#*g. Negligence of Public Authority | |||
*#'''Standard of Care''' – Once a duty of care is established, the level of care that the defendant owed to the claimant must be determined. This is usually based on the standard of care that a reasonable person would exercise, such as avoiding acts or omissions that one could reasonably foresee might cause the claimant a loss or injury. The level of care expected of professionals in the exercise of their duties is usually higher. | |||
*#'''Causation''' – The claimant must show that the defendant’s carelessness actually caused the claimant loss or injury. The basic test is whether the claimant’s loss would not have occurred without the defendant’ s action and no second, intervening act occurred that contributed to the loss. | |||
*#'''Remoteness''' – Remoteness is a consideration of whether the loss caused by the defendant’s actions was too remote to be foreseeable as a result of the defendant’s negligence. If so, the court may not award damages for the loss even though it was a direct result of the defendant’s carelessness. | |||
*#'''Harm''' – Unlike some causes of action, negligence requires the claimant to prove that the defendant’s carelessness caused them harm, whether it is personal injury, pure economic loss or otherwise. | |||
*'''Misrepresentation''' – Misrepresentation applies where a claimant was induced to enter a contract on the basis of facts cited by the defendant that turned out to be untrue. Misrepresentation can be claimed in contract law or in torts generally, or in both concurrently. In contract law, the remedy is a declaration that the contract is void (rescission). In torts, the remedy may be damages for the claimant’s consequential losses. If the claim is brought in contracts, a distinction must be made between representations, which are statements that induce one to enter a contract, and the terms of the contract, the violation of which gives rise to a claim in breach of contract but not in negligence. There are three specific categories of misrepresentation: | |||
**'''Fraudulent misrepresentation''' – where the defendant made the statement knowing it was untrue. This is the hardest category of misrepresentation to prove, as the claimant must prove the defendant’s state of mind prior to the formation of the contract. | |||
**'''Negligent misrepresentation''' – where the defendant made the untrue statement carelessly, without regard to whether it was true. This category of misrepresentation is more easily proved than fraudulent misrepresentation. See the section on Negligence below for the basic principles. | |||
**'''Innocent misrepresentation''' – where the defendant made the untrue statement in the genuine belief that it was true. This form of misrepresentation is the easiest to prove, but it may only be claimed in contract law, so the remedy for a successful claim is always voidness of the contract (rescission). | |||
== Excluded Causes of Action == | |||
Certain causes of action are outside the jurisdiction of Small Claims, including: | |||
*Claims for malicious prosecution. | |||
*Claims involving residential tenancy agreements. | |||
*Claims for statutory rights in employment law (e.g. overtime and statutory holiday pay). | |||
*Claims in divorce, trusts, wills or bankruptcy. | |||
*Claims for breach of privacy, intrusion upon seclusion, or appropriation of likeness. | |||
*Human rights complaints (discrimination) | |||
*Most disputes between strata lot owners and strata corporations, except for recovery of maintenance fees against a strata lot owner (''Strata Plan LMS2064 v Biamonte'', [1999] BCJ No 1267). | |||
Not all claims that are barred from Small Claims must be brought in Supreme Court. Administrative tribunals such as the Employment Standards Branch, Residential Tenancy Branch, and BC Human Rights Tribunal have exclusive jurisdiction over many types of claims. Claimants should consider the nature of their claim and review the corresponding chapter of the LSLAP Manual to determine the proper forum for their complaint. | |||