WHEREAS in April 2002 the provincial government published a Consultation Paper reviewing the issues of legislative reform to ultimate limitation periods and proportionate liability, which paper sought a response from interested parties; AND WHEREAS the Municipal Insurance Association and the Union of British Columbia Municipalities both submitted extensive papers supporting legislative reform in the areas of ultimate limitation periods and proportionate liability; AND WHEREAS as a result of the current state of provincial legislation and the common law in these areas municipalities are put to a significant disadvantage in the defense and settlement of claims brought against them, regardless of the merits of the claims; AND WHEREAS legislative reform to reduce the ultimate limitation period to 10 years and to eliminate joint liability in favour of proportionate responsibility to pay based on proportionate liability would balance the current inequities in the law, which detrimentally affect municipalities and taxpayers in all municipalities: THEREFORE BE IT RESOLVED that the Attorney General be encouraged to proceed with the Civil Liability Reform project as outlined in the Consultation Paper to correct the inequities which were specifically addressed in the Consultation Paper and in the submissions made by the City of Surrey and other municipalities and the submission of the Municipal Insurance Association and the Union of British Columbia Municipalities by: - Introducing legislation to reduce the ultimate limitation period from 30 years to 10 years; and - Introducing legislation to eliminate joint liability in favour of proportionate responsibility to pay based on proportionate liability.
