ICBC has tried to create the impression in recent years of an increase in fraud, this is confusing and untrue. In yet another case in point, the Court of Appeal has told ICBC they failed to prove this claimant lied or made a false statement.(Insurance Corporation of British Columbia v. Mehat, 2018 BCCA 242).

The Insurance Corporation of British Columbia sued the respondents claiming they had engaged in insurance fraud by misrepresenting the driver of a van that had been in a car accident. ICBC also alleged that the true driver had been drinking alcohol prior to the collision. The evidence relied upon by ICBC was largely circumstantial and the judge dismissed ICBC’s lawsuit with costs against ICBC. ( 2017 BCSC 1476)

Despite alleging fraud against the claimant ICBC had not called witnesses that might have relevant evidence.  The evidence read in from the claimant’s examination for discovery was her admission that she made a statement to ICBC claiming to be the driver of the van and ICBC had the opportunity to test her evidence.

The onus of proof was on ICBC to prove that her statement was false. The claimant brought an insufficient evidence application pursuant to R. 12-5(6) of the Supreme Court Civil Rules to have the action dismissed which was unsuccessful. In the end however, the judge did not find the evidence sufficient to support the inferences sought by ICBC.

ICBC had not persuaded the judge as it was a necessary factual premise to ICBC’s case that the claimant had lied to ICBC in representing the driver of the van at the time of the accident.  The trial judge made no error of law, overlooked no material evidence, and was entitled to find that ICBC had failed to prove the case.

 The judge made an error on the insufficient evidence motion but that did not affect his trial ruling, in which he found that ICBC had failed to meet the burden of proof.   The ICBC appeal was dismissed.

Posted By ICBC Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.representing the injured not ICBC or any other insurance company.