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Change is Coming to BC Limitation Law
The Government of BC intends on overhauling the BC Limitation Act. As Ian Mulgrew of the Vancouver Sun points out, this proposed law reform is something that matters to everyone, not just personal injury lawyers and claimants.
The Government has released a White Paper discussing the proposed changes at length. The proposed New Limitation Act can be found at Appendix A of the White Paper. On review it is clear that the proposed changes are not concrete and the Government is seeking feedback before bringing the law into force.
Members of the public can contact the Government with any concerns or suggestions no later than November 15, 2010, at:
Civil Policy and Legislation Office
Justice Services Branch
Ministry of Attorney General
PO Box 9222 Stn Prov Govt
Victoria, British Columbia V8W 9J1
Fax: 250 387-4525
E-Mail: CPLO_Limitation@gov.bc.ca
One of the goals of the reformed act is to “simplify” the law. On review there is nothing simple about the proposed new law and it seems every bit as complex as the current Limitation Act. There are some proposed changes that are noteworthy including:
Replacing varying basic limitation periods with a standard 2 year period
Reducing the Ultimate Limitation Period from 30 years to 10 or 15 years
Redefining “Discoverability” of a potential lawsuit
Abolishing the special ultimate limitation period for medical malpractice claims
Continuing to waive limitation periods for civil lawsuits for damages as a result of sexual assault
There are other proposed changes as well and I suggest that anyone interested in this topic review the proposed new law in full. If you have concerns about how these reforms may affect your rights or have suggestions for improved changes please be sure to contact the Government prior to the November 15 deadline.
Tags: BC Government White Paper on Limitation Reform, Limitation Periods, New BC Limitation Act
This site is created by MacIsaac & Company, a British Columbia Personal Injury Lawfirm. This website is not affiliated in any way with the Insurance Corporation of British Columbia (ICBC).This web site is made possible through funding provided by the British Columbia law firm MacIsaac and Company. bc-injury-law.com is designed to empower individuals to better understand their ICBC Claim and the process involved in dealing with ICBC. This web site is offered for information only and is not claim-specific legal advice. Use of the site and sending or receiving information through it does not establish a solicitor / client relationship. Links to and from this website do not state or imply a relationship between MacIsaac and Company and the linked entity.
May 16th, 2012 at 2:30 pm
[…] can click here to read the Government’s press release relating to Bill 34 and here to review my initial comments when this legislation was first proposed. If you found this article useful please share with […]