Have you been injured on municipal property? Did you slip and fall on a sidewalk or trip and fall in a hockey arena? If so, the Local Governance Act requires you to provide written notice to the clerk of that municipality within 90 days. Although there are exceptions, if you fail to provide this written notice, you may lose the right to sue for the injuries and the damages that you sustained.
Accidents and falls can happen at any time. Of course, they may be the result of our own carelessness, but often an injury is caused by the negligence of another person, or even a corporation. The Law Reform Act states that anyone that is injured on another’s property through no fault of their own, can seek compensation through common law rules of negligence and civil liability.
Whether you are a driver, cyclist, or pedestrian, the Motor Vehicle Act covers the rights and obligations of everyone that uses our roadways. The Act deals with many subjects, including registration of vehicles to obtaining driver’s licences, to the rules of the road. It also discusses topics such parking violations, traffic infractions, motor vehicle accidents, as well as impaired driving offences.
Sometimes several people are involved in a road accident or a fall. The Tortfeasor Act provides an opportunity for a person who has suffered harm at the fault of others to prosecute more than one person. It also gives the person who is sued the opportunity to request a contribution from the other people involved. The act ensures that everyone that is responsible for the injury or loss shares the liability and contributes to the compensation for damages.
Taking a matter to court can be very stressful, expensive and time consuming. Luckily, for certain legal issues, individuals and small businesses can resolve their disputes through the Small Claims Court. The Small Claims Act was created to provide a simpler, quicker and cheaper way to deal with matter involving debt, damages and recovery of personal property, as long as the amount or value does not exceed $20,000.
Bringing a matter to court can be tricky. Failure to follow the proper procedure can result in unnecessary delays and expenses or, at worst, having your case dismissed. The Rules of Court ensure proper administration and functioning of the Courts. Lawyers as well as individuals who represent themselves in court proceedings are responsible for knowing and complying with the rules applicable to their proceeding.
Do the rules of the road apply to ATVs, or side-by-sides? The Off-Road Vehicle Act covers all the requirements that must be met if you own or operate an off-road vehicle in New Brunswick. These include, among other things, registration, insurance, identification, trail permits, and safety equipment and training.
What happens when an accident is caused by more than one person? Who is at fault, and who compensates for the damages? The Contributory Negligence Act is a tool to assess the portion of liability attributable to each individual when damage or loss has been caused by more than one person.
If you work in New Brunswick, you have rights that are protected by law. The Employment Standards Act establishes minimum employment standards that most employers and employees must follow. The act is designed to ensure that employees receive fair and reasonable treatment from their employer and covers issues such as the minimum wage, overtime, hours of work, minimum reporting wage, statutory holidays, annual leave, notices of dismissal, layoff and termination of employment, protection wages, foreign workers and sick leave. If an employee feels their employment rights have been violated, they can bring their complaints to the attention of the Labor and Employment Commission, which is responsible for investigating and settling matters relating to work and employment.
Is the insurance company of the other driver responsible for your accident trying to tell you that your injuries are “minor” and not worth more than $7,500.00. Are they telling you that their offer is “reasonable”? They are probably referring to New Brunswick Regulation 2003-20 made under the Insurance Act (“Regulation”), and they are probably wrong! The regulation limits the amount of compensation a victim may receive under certain circumstances, but there are many factors involved, including the severity of your injuries and if there is any loss of income. You may well be entitled to more, so don’t let the insurance company decide what your injuries are worth. A lawyer can properly assess your case and ensure you receive the full compensation you deserve.
When a person is unable to make his or her own decisions, the court can declare that person mentally incompetent or infirm and designate another person or group of people to make decisions on his or her behalf. The Infirm Persons Act was created in order to allow a relative or a loved one to be named as guardian of the infirm person. There are two different types of guardianship; a Committee of the Estate (decisions regarding property and finances) and/or a Committee of the Person (health care and daily living decisions).
Individuals who have been injured in an accident can sometimes become victims of discrimination from their employer. The Human Rights Act prohibits discrimination based on physical and mental disabilities in several areas including employment. Employers have a duty to accommodate employee disabilities as much as reasonably possible. Victims of discrimination can bring their complaints to the attention of the Human Rights Commission who is responsible for investigating and settling these matters.
In order to protect their house, their vehicle, themselves, or their families, people buy insurance to cover their losses when disaster strikes. The purpose of the Insurance Act of New Brunswick is to provide guidelines to insurers and information to consumers. The act covers all types of insurance policies, including fire, life, accident and sickness, automobile, weather, and even livestock insurance.
When you are involved in an accident at work, WorkSafe NB and other similar provincial workers’ compensation programs are designed to replace your wages and help you recover so you can get back to work. The Occupational Health and Safety Act protects the health and safety of all employees in the workplace from exposure to hazards and risks arising out from their work.