New legislation impacts personal injury lawsuits
April 14, 2009
Members of the profession should be aware of the Health Care Costs Recovery Act and Regulation, which came into force on April 1, 2009.
The Act applies to personal injury and wrongful death actions except those that arise from motor vehicle accidents where ICBC insures the defendants. Some provisions of the Act apply to actions started before April 1, 2009. The Act may also apply to settlements where litigation has not been commenced.
The Act creates obligations on a plaintiff to claim in the action past and future "health care services" as defined in the Act. There are requirements to give notice to the provincial government of such actions and to obtain the consent of the government to the settlement of such actions. There are other obligations created by the Act that affect plaintiffs, and some that affect defendants and insurers of defendants.
Members can read the Health Care Costs Recovery Act and associated regulations online at bclaws.ca.
The Canadian Legal Information Institute (CanLII) invites you to attend a special meeting on Monday April 20, 5:30 pm at the Law Society Building, located at 845 Cambie Street in Vancouver.
The agenda includes:
- Demonstration of SATAL, CanLII's point-in-time legislative system;
- Creation of a CanLII users group;
- Demonstration of APIs developed to streamline use of CanLII content.
The presentation will be followed by a cocktail reception. Attendance is approved for one hour of credit toward Continuing Professional Development.
Please RSVP your attendance by telephone (514-343-2140), fax (514-343-7359) or email (firstname.lastname@example.org).