Notice to proceed | Public Guardian and Trustee of British Columbia

If an adult has a potential legal claim in B.C., they must start their claim in court within a certain period of time. The Limitation Act sets out this time period, which is called a “limitation period.”

The Limitation Act also states that when an adult is incapable, the limitation period is suspended and does not start running until the adult is no longer incapable. Furthermore, should an adult who is pursuing a claim become incapable during the running of the limitation period, the limitation period becomes suspended until the adult is no longer incapable.

Sometimes a defendant (the person who would be sued) wants to start the running, or the continuation, of the incapable adult’s limitation period. Under the provisions of the Limitation Act, the defendant may serve a Notice to Proceed on the incapable adult’s committee (if they have one) and on the Public Guardian and Trustee (PGT).

Please read Notices to proceed under the Limitation Act for incapable adults for details and instructions before proceeding with this legal submission.

Information you provide is for the purpose of providing comment or consent on a legal submission. Information is collected under the Freedom of Information and Protection of Privacy Act (FOIPPA) and other applicable legislation. If you have any questions about the collection, use or disclosure of information, contact the PGT’s Information and Privacy Officer, at 604-660-4444 or mail@trustee.bc.ca.

Legal review application form

Referring party information

Organization name

For example: name of legal firm

Applicant first name

Applicant last name

Contact phone number

Contact email address

Contact street address

City

Province/State

Postal code/ZIP code

Country

Subject of Legal Submission 1

Subject's first name

Subject's last name

Subject's date of birth

Street address

City

Province/State

Postal code/ZIP code

Country

Deceased person information, if applicable

Is there a deceased party involved in this submission?

Yes

Deceased first name

Deceased last name

Date of death

Street address

City

Province/State

Postal code/ZIP code

Country

Finalize & pay

Additional notes

e.g Reason for serving the PGT, supplemental information, etc.

Document upload

Required documents:

Correspondence regarding postposed limitation, including information identifying adult under disability, circumstances out of which the claim arises or may be alleged to arise
Notice of Civil Claim
Notice of Intention to Proceed (Optional)
Notice of Judicial Case Conference (Optional)
Notice of Application (Optional)
Affidavit (Optional)
Response to Civil Claim (Optional)
Application Response (Optional)

Document file types can be any and only these formats: .pdf, .doc, .docx, .xls, .xlsx, .rtf, .txt, .jpg, .jpeg, .tiff, .tif, .csv, or .png.

Each file must be under 25 MB, and the form has a 150 MB limit for all attachments.

Please do not password-protect files, as this will prevent the PGT's system from scanning for viruses. Files that cannot be checked for viruses will be securely deleted.

Please be advised: You will receive a system-generated email confirming receipt of these documents however, personal service of these documents has not been accepted by the PGT unless and until a member of the PGT Legal Services team confirms service in writing.

Mandatory Fields

Download a copy of your submission for your records before you submit. You will not be able to save a copy of the form after you submit it.

Mandatory Fields