Going out of the country? Perhaps for a business trip to Mexico or to United States for a vacation? The last thing you would dream of is getting injured. However, this can happen. It could be any kind of accident; traveling or sports related.
Accidents happen out of the blue, however, there usually is a responsible party. Taking legal action against the responsible party to get compensation is something that would be easy enough if you were in Canada, however, you are not.
Suing Outside Canada
To sue outside Canada, you are subjected to that country’s laws. To do that, you should immediately get in touch with local legal professionals who can assist you and provide you more information.
Select legal help that is within the state or province. Many legal services offer free consultations so you can discover the various legal requirements you need to sue. Many countries have a time limitation in which you need to bring a claim.
Only Sue if you have a Strong Case
While this advice may hold true for any legal suit, it is vital to heed it even more because you are working within a foreign legal system. Here’s what you need to have for a strong case.
- Contract Formation: A contract shows that you have a legally binding agreement with the other party. If you have been injured while performing a task on the job, look out for a health and safety clause in your contract.
- Performance: Next, you should be able to prove that you performed according to the contract.
- Breach: Have evidence that the other party violated or breached the contract.
- Damages: As a consequences of the breach, provide evidence that you have suffered damages.
If you are able to meet a few of these points, a lawyer will be able to build a good case.
Suing from Canada
In certain circumstances, you can sue the party from Canada, even though you were injured outside the country. Such a case happened in the 2012 Club Resorts Ltd. v. Van Breda case. The Court ruled that the injured person or her family could sue if the case met any of these four circumstances:
- The defendant is residing in Canada. The defendant may have a house in Canada or live in the country part time.
- The defendant is operating a business in Canada. The defendant may have a business branch in Canada.
- The accident occurred in Canada.
- The contract was made in Canada. For example, the booking contract to stay in Mexico was done in Canada.
The instant you are suing, you are also exposing yourself. Hence, it is vital to have a strong case and good lawyers to represent your case. At Prowse Barrette (Previously Prowse Chowne), we offer sound legal advice so that you make the right choice. Meet with us for a free consultation.