City looks to reduce limit for lawsuits

By Western News StaffApr 22 2007 http://www.pentictonwesternnews.com/

Penticton officials are praising proposed changes that could reduce the city’s exposure to civil lawsuits. The Union of British Columbia Municipalities is lobbying the provincial government to reduce the window for lawsuits to 10 years from 30 years. “We look at it as an improvement,” said acting mayor Rory McIvor, who described the current window of 30 years as “excessive” because it could expose the city to frivolous lawsuits. With the smaller window, the city would able to defend itself better, he said.

The 30-year limitation causes several difficulties for municipalities, according to a legal opinion from the city’s lawyer Richard Thompson. They include excessive costs for lengthy record keeping and tracking down witnesses who moved on or died. The opinion also noted that the current limitation could make local government responsible for all or a significant portion of a judgment awarded because other defendants go out of business or liquidate their assets during the limitation period. The new 10-year limitation period would spread the liability to where it belongs in such cases, said McIvor.