ICBC claimed bias of the trial judge in the following ICBC injury case. The Court of Appeal disagreed with ICBC, BC’s auto insurance monopoly. In particular ICBC claimed, without success that it was unfair that the judge: Expressed cynicism about the legislature’s motives in limiting the number of expert reports that can be commissioned; Commented…
In this class action lawsuit filed against the Insurance Corporation of British Columbia, ICBC, the plaintiff seeks to certify a class action on behalf of all individuals who have purchased compulsory vehicle insurance from ICBC since its founding in 1973 (Rorison v. Insurance Corporation of British Columbia, 2024 BCSC 834) This group is referred to…
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…
ICBC homemaking benefits versus loss of housekeeping capacity ICBC, as a government auto monopoly, has special legal rights. These rights allow ICBC to deduct benefits they pay from any court award against a guilty driver. This means that car accident victims obtaining court awards against at fault drivers must deduct ICBC benefits from their money…
In this ICBC personal injury appeal, ICBC appealed the amount of reductions made for future ICBC benefits. ICBC argued successfully that the contingency reduction was fatally speculative. There was no evidence of a risk that the claimant would not receive the benefits to which she was entitled.(Watson v. Fatin,2023 BCCA 82) Personal Injury Trial…
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…
Facts of this Personal Injury Case This personal injury trial involved four car accidents. The trial lasted 17 days. The state run auto monopoly ICBC admitted liability in three of the four accidents, disputing liability in one. The Supreme Court awarded $66,000 for pain and suffering, $40,685.92 for vehicle damage and treatment expenses, and $92,607…
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…
A Supreme Court of British Columbia judge has certified a class action lawsuit on behalf of injured claimants and ratepayers against ICBC and the Government of BC in relation to making illegal ICBC payments to MSP contrary to the law. In relation to injured claimants, these illegal payments by ICBC are especially egregious for the…
As we have discussed in prior blog articles, the NDP’s No Fault ICBC insurance has been touted as a perfect fix to a broken ICBC system. The NDP have spent millions of dollars on advertising to convince British Columbians that this is a great new system that will save them money on their car insurance. …
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