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"Point in Time" Regulation Content

Insurance (Vehicle) Act

Notice to Mediate Regulation

B.C. Reg. 127/98

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 1 July 1, 2010
Section 2 July 1, 2010
February 28, 2013
Section 6 July 1, 2010
Section 12 July 1, 2010
Form 1 July 1, 2010
February 28, 2013

 Section 1 definition of "deliver" BEFORE amended by BC Reg 155/2010, effective July 1, 2010.

"deliver" has the same meaning as in the Rules of Court;

 Section 1 definition of "designated action" BEFORE amended by BC Reg 155/2010, effective July 1, 2010.

"designated action" means a motor vehicle action in respect of which action a Notice to Mediate has been delivered under section 2;

 Section 1 definition of "serve" was added by BC Reg 155/2010, effective July 1, 2010.

 Section 1 definition of "third party" BEFORE amended by BC Reg 155/2010, effective July 1, 2010.

"third party" means a person who is named as a third party in a designated action under Rule 22 of the Rules of Court, but does not include a third party insurer;

 Section 2 (1) (a) and (b) BEFORE amended by BC Reg 155/2010, effective July 1, 2010.

(1)  Any party to a motor vehicle action may initiate mediation in that action by delivering a Notice to Mediate in Form 1 to

(a) every other party to the action, and

(b) the Dispute Resolution Office in the Ministry of the Attorney General.

 Section 2 (2) BEFORE amended by BC Reg 155/2010, effective July 1, 2010.

(2)  A Notice to Mediate may be delivered under subsection (1) no earlier than 60 days after the close of pleadings and no later than 77 days before the date set for the commencement of the trial.

 Section 2 (1) BEFORE amended by BC Reg 76/2013, effective February 28, 2013.

(1)  Any party to a motor vehicle action may initiate mediation in that action by

(a) serving a Notice to Mediate in Form 1 on every other party to the action, and

(b) delivering a Notice to Mediate in Form 1 to the Dispute Resolution Office in the Ministry of the Attorney General.

 Section 6 BEFORE amended by BC Reg 155/2010, effective July 1, 2010.

6  Within 10 days after the Notice to Mediate has been delivered to all participants, the participants must, directly or with the assistance of an independent, neutral person or organization, jointly appoint a mutually acceptable mediator.

 Section 12 (1) (e) BEFORE amended by BC Reg 155/2010, effective July 1, 2010.

(e) dismiss the proceeding or strike out the statement of defence and grant judgment;

 Form 1 (part) BEFORE amended by BC Reg 155/2010, effective July 1, 2010.

TAKE NOTICE that this claim is to be mediated in accordance with the Notice to Mediate Regulation (B.C. Reg. 127/98).

WITHIN 10 DAYS after delivery of this Notice to all parties, the parties must jointly appoint a mutually acceptable mediator; otherwise, any party may apply to a designated roster organization for appointment of a mediator.

Dated at ..........................., British Columbia, ............................. [date].

........................................................
Party [or party's solicitor]

Party delivering this Notice:

 Form 1 BEFORE amended by BC Reg 76/2013, effective February 28, 2013.

Form 1

[am. B.C. Reg. 155/2010, s. 4.]

(Section 2 (1) )

No. ..............................

.............................. Registry

In the Supreme Court of British Columbia

Between

, Plaintiff(s)

and

, Defendant(s)

NOTICE TO MEDIATE

TO:

AND TO: The Dispute Resolution Office
Ministry of Attorney General
P.O. Box 9280, Stn. Provincial Government
Victoria, B.C. V8W 9J7 (facsimile: (250) 387-1189)

TAKE NOTICE that this claim is to be mediated in accordance with the Notice to Mediate Regulation (B.C. Reg. 127/98).

WITHIN 10 DAYS after service of this Notice on all parties, the parties must jointly appoint a mutually acceptable mediator; otherwise, any party may apply to a designated roster organization for appointment of a mediator.

Dated at ..........................., British Columbia, ............................. [date].

........................................................
Party [or party's solicitor]

Party serving this Notice: