In this personal injury case, Ross v. Hammer, 2023 BCSC 2306 the defendants sought a stay on the injury claimant’s Supreme Court lawsuit until the Civil Resolution Tribunal (CRT) determined whether the injuries from a motor vehicle accident were minor as per the Insurance (Vehicle) Act. The CRT’s jurisdiction over this matter, as outlined in…
Insurance Corporation of British Columbia and David Eby, the Minister Responsible for ICBC Before Attorney General David Eby brought in ICBC no-fault auto insurance he told the public this would not happen. Mr. Eby said no-fault auto insurance would not be considered. Injury victims relied on Mr. Eby to be truthful and continued to pursue…
In prior posts, we discussed the NDP’s scheme to have ICBC injury claims decided by the BC Civil Resolution Tribunal. This is an appointed tribunal and all disputes are handled online. The tribunal was intended by the NDP to significantly limit the legal rights and compensation of ICBC injury victims. Most troubling, the NDP removed…
In a prior blog post, we addressed the ICBC minor injury caps which came into effect for all motor vehicle accidents occurring on or after April 1, 2019. If an injury fits the definition of “minor” in the new law passed by the NDP, then compensation is capped or limited to a maximum $5,500.00 for…
The Attorney General David Eby’s scheme to have ICBC injury claims decided by an appointed tribunal is unconstitutional, says Judge Hinkson. Specifically, the Civil Resolution Tribunal (CRT) does not have the power to (1) label ICBC claimants as having “minor injury”, nor do they have the power to (2) decide on liability and damages for…
A high percentage of people purchase insurance without understanding the important details of the insurance policy. This can turn into a nightmare when a claim is denied due to an exclusion in the policy that was unknown or misunderstood at the time the insurance was purchased. ICBC is no different. Most people have no understanding…
The new ICBC minor injury caps passed by the NDP have been reviewed in several previous blog posts. In short, the term “minor” is extremely misleading because the list of injuries that are considered minor through this new law includes injuries that are not minor at all such as lifelong chronic soft tissue injuries if…
In a previous blog post, the new ICBC minor injury caps were discussed and explained. The ICBC minor injury caps, which apply to all injuries suffered in motor vehicle accidents after April 1, 2019, limit the amount of compensation for pain and suffering to a maximum of $5,500.00 for “minor “ injuries. The label “minor”…
The NDP government introduced legislation that caps (limits) compensation payable by ICBC for pain and suffering for “minor injuries” suffered in motor vehicle accidents occurring on and after April 1, 2019. An injury will be defined as a “minor injury” if: It is included in the list of prescribed injuries; and It does not result…