Difference between revisions of "Starting a Small Claim (20:V)"

The “Royal Canadian Mounted Police” is not a legal entity that can sue or be sued. (See ''Dixon v Deacon Morgan McEwen Easson'', 1989 CanLII 2786 (BC SC)). A claimant who wishes to sue for damages arising from the conduct of a police officer should sue the individual police officers and the Minister of Justice and Attorney General. (See ''Amezcua v Taylor'', 2010 BCCA 128 (CanLII); ''Roy v British Columbia (Attorney General)'', 2005 BCCA 88 (CanLII)). A claimant who is suing a municipal police force should sue the individual police officers as well as the municipality employing the police officers. It is critical that a claimant provide written notice to the city within '''two months''' of the event giving rise to the cause of action. (See ''Local Government Act'', RSBC 1996, c 323, s 286(1)).