Personal Injury News

Business Losses after Car Accident- ICBC vs. WCB

In this somewhat successful appeal, the BC Court of Appeal makes it clear that a car accident claimant, despite being a worker and being injured by a worker, is not statute-barred from maintaining an action for business-related losses that do not relate to personal injuries(Singh v. Sopper,2014 BCCA 243).
The case involved a  motor vehicle accident which occurred near the intersection of Nordel Way and Scott Road in the City of Surrey. The claimant suffered personal injuries and sought compensation from ICBC.  However, the defendants applied for and obtained a certificate under s. 257 of the Workers Compensation Act, which prevents any legal claim for personal injury, personal injury disablement and death, under s. 10(1) of the Workers Compensation Act, R.S.B.C. 1996, c. 492.
ICBC then applied for an order dismissing the personal injury lawsuit. The judge found that the claimant was indeed precluded by the certificate from claiming damages arising from personal injuries sustained in the accident but did say that the claimant was not statute barred by virtue of the s. 257 certificate and s. 10(1) of the WCA from maintaining an action for his business-related losses.
The appellants ICBC claimed that the order potentially leaves open a “business” claim that is derivative to physical injury. In the view of the Court of Appeal it was clear that the judge intended that the claimant not be able to claim regarding the consequences of physical injuries. The description of the remaining viable claim, however, was not particularly clear so for clarity’s sake the appeal was allowed only to the extent of adding some wording as follows:

The plaintiff,…. is not statute-barred by virtue of a s. 257 certificate and s. 10(1) of the Workers Compensation Act, from maintaining an action for his business-related losses that do not relate to personal injuries.

Learn more about WCB and ICBC benefits after a car accident by reading our short article about a further personal injury case which was statute barred as a worker/worker claim.
Posted by Personal Injury Lawyer in Vancouver Mr. Renn A. Holness, B.A. LL.B.

Tags: S. 10 of the Workers Compensation Act, S. 257 certificate Workers Compensation Act, Worker/Worker Claim

One responseBusiness Losses after Car Accident- ICBC vs. WCB

  • $40,000 Lost Lease Deposit Awarded to Car Accident Claimant | Holness Law Group

    October 3, 2016 5:13am

    […] of income and associated losses.  However, ICBC had the personal injury lawsuit dismissed due to WCB vs. ICBC injury claim rules. The claimant was however able to maintain an action for his business-related losses, including […]

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"Renn A. Holness is a gifted lawyer and author to over 1000 legal blog articles. Married father of two daughters, son of a neurosurgeon and founder of Holness Law Group."

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