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Certain statutes create a right of action that does not exist in the common law. The statute will set out what must be proved, the defences that apply, the types of damages that can be awarded, and how the claim must be brought. A person planning to bring a claim under a statutory cause of action should research the statute as well as how the courts have interpreted it by noting up the applicable provisions. Resources include CanLII.org, the courthouse library, and a practising lawyer. | Certain statutes create a right of action that does not exist in the common law. The statute will set out what must be proved, the defences that apply, the types of damages that can be awarded, and how the claim must be brought. A person planning to bring a claim under a statutory cause of action should research the statute as well as how the courts have interpreted it by noting up the applicable provisions. Resources include CanLII.org, the courthouse library, and a practising lawyer. | ||
=== 6. Declaratory Relief === | |||
Declaratory relief, whereby the court defines the rights of the parties to resolve legal uncertainties, cannot be claimed at the Provincial Court of British Columbia or the CRT. Parties seeking declaratory relief must do so at the BC Supreme Court. | |||
== B. Types of Damages == | == B. Types of Damages == |
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