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…
In this personal injury case the car accident occurred in February 2021. The plaintiff alleged severe and ongoing injuries affecting her ability to work as a registered nurse.(Wiggins v. Yokota 2023 BCSC 219) The ICBC lawyer originally on the case did not plead the Minor Injury cap as a defense. The new lawyer sought to…
Limitation Period In this Civil Resolution Tribunal minor injury claim, ICBC was bound by an agreement to extend the limitation period. The applicant was injured in a motor vehicle accident on August 5, 2019 in Coquitlam, British Columbia. It was undisputed that the applicant was not responsible for the accident. The applicant had no lawyer…
This article provides a brief overview of the steps to be taken in making a claim for accident injury benefits with ICBC. This guide only applies to accidents that occurred on or after April 1, 2019. Jurisdiction of the Civil Resolution Tribunal A Notice of Civil Claim can no longer be filed to preserve the…
Since the NDP have been in power, the party has completely restructured ICBC to suit the government’s needs and to save this crown corporation money. Instead of focusing on restructuring and fixing the severe mismanagement of ICBC to protect injured claimants, British Columbians have been the target with their rights being stripped away with the…
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…
Civil Resolution Tribunal, CRT, has made it’s first ICBC minor injury decision arising out of a car accident injury claim. The claimant settled with ICBC for for $6,890 but later found out he had a disc bulge. ( first CRT ICBC Minor Injury Decision) However, ICBC was allowed to settle the case before the disc…