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Legal Claims Procedure

Introduction

This procedure has been established to guide Scouters who must respond when Scouts Canada, a Council, Group, and/or individual member is the subject of legal proceedings.

This procedure is most commonly engaged after a member has been injured during a program activity, after an incident in which property is damaged, or when Scouts Canada has become aware that a person has commenced or intends to commence a legal or court proceeding against Scouts Canada or one of its members. Prompt action is essential to preserve all legal rights, as litigation processes across the country often require the filing of a defence within a short period of time.

 

Our Procedure

1.      This procedure applies to all Scouts Canada members who learn that a legal proceeding has been initiated against Scouts Canada, a Council, and/or Group. This procedure also applies to all Scouts Canada members who learn that a legal proceeding has been initiated against individual members in relation to their role within Scouts Canada.

2.     Not following this procedure may result in you being personally responsible for the legal claim you are named in.

3.     When a Council, Group, or individual member learns that they are the subject of a legal claim, they must immediately notify the Executive Director – Business Services[1].

4.     The person who accepts service of legal documents shall immediately fax or scan the documents to the Executive Director – Business Services.

5.     The original documents must be sent by courier to the Executive Director – Business Services within 24 hours.

6.     Anyone who receives additional correspondence regarding a possible claim must immediately fax or scan the document(s) to the Executive Director – Business Services and send the forms by courier.

Individual members named as defendants in a legal claim may be covered by Scouts Canada’s insurance. In this eventuality, a lawyer will be appointed by Scouts Canada’s insurer to represent the individual member. Members named in legal claims should inform their own insurers of these claims to ensure their personal interests are fully protected.

Related Policies & Standards

 

Related Procedures

 

Resources 

 

Effective Date

March 2, 2019


[1] Peter Valters, Executive Director – Business Services, pvalters@scouts.ca

Uncontrolled When Printed: When printed, document cannot be guaranteed to have the current information and should be used with caution. This document is marked “uncontrolled” and the user is responsible for determining if the current version is active. To find the most updated version, please refer to Scouts Canada BP&P on Scouts.ca.