Claims Against Local Government
Claims or lawsuits against the Regional District of Central Kootenay (RDCK) can occur for a number of reasons.
If you feel the RDCK is liable for damage or injuries, you may submit a claim to the RDCK. You are required to provide written notice to the RDCK within two calendar months from the date of the incident, or when you became aware of the issue, as required under Section 736 of the Local Government Act.
For lawsuits against the RDCK, the limitation period is generally within six months after the issue first arose. It is a good idea to consult an experienced lawyer to determine your potential limitation date.
To make a claim against the RDCK, complete the form linked at the bottom of the page.
THINGS TO CONSIDER
Submitting a claim form does not mean the RDCK has accepted responsibility for your claim. It also does not mean you will receive coverage or compensation. If you commence legal proceedings against the RDCK and are unsuccessful, the RDCK may seek to recover from you the legal costs of defending the lawsuit.
In the event you have sustained property damage, please contact your home or vehicle insurer first. Your insurance company can pursue any party they believe is responsible for damages.
WHAT HAPPENS AFTER I SUBMIT MY CLAIM FORM?
- Once you submit your claim form, you will be contacted to confirm the RDCK has received your submission. The initial investigation may take several weeks.
- The RDCK may engage its insurer, the Municipal Insurance Association of British Columbia (MIABC), to assist with an independent investigation and determining liability. All claims are investigated without discrimination, based on the facts provided.
- Should the RDCK be found responsible for damages, paid invoices must be submitted as the basis for payment.
- The RDCK understands that a property loss or personal injury is a stressful situation. Our staff will work with property owners, residents and visitors in a courteous and respectful manner. We also ask that anyone making a claim against the RDCK also maintain a level of professionalism in their communications with the RDCK and our insurer.
DISCLAIMER
The content of this document is provided for informational purposes only, does not constitute legal advice, and the RDCK recommends that you obtain independent legal advice before contacting or making a claim against the RDCK.
FORM
Claim_Against_Local_Government_Form.pdf [PDF - 677 KB]
The content on this page was last updated February 5 2024 at 4:12 AM