B.C. Attorney General David Eby talks during a press conference at Legislature in Victoria, B.C., on Thursday, May 9, 2019. THE CANADIAN PRESS/Chad Hipolito

B.C. Attorney General David Eby talks during a press conference at Legislature in Victoria, B.C., on Thursday, May 9, 2019. THE CANADIAN PRESS/Chad Hipolito

B.C. applying for stay in court after court rules ICBC tribunal partly unconstitutional

Attorney-General David Eby stands by the government’s plan, which aims to divert minor claims to the tribunal

British Columbia’s Attorney General says the province is applying for a partial stay in a B.C. Supreme Court ruling about jurisdiction over motor vehicle injury disputes, pending its appeal of the same decision.

Chief Justice Christopher Hinkson’s judgment set back the province’s plan to divert certain injury claims away from litigation in court in a move officials said would save money for auto insurance ratepayers and the Insurance Corporation of B.C.

Hinkson found parts of the amended Civil Resolution Tribunal Act were unconstitutional and declared them no longer in effect, meaning the tribunal can neither decide whether an injury is minor, nor settle claims up to $50,000.

Attorney General David Eby says when B.C. gave the tribunal jurisdiction over such matters in April 2019, the aim was to allow injured people to use the tribunal to resolve “lower-value disputes in a timely and fair manner.”

The Trial Lawyers Association of B.C. sued the province over the changes, arguing they denied injured people their constitutional right to go to court.

Eby says the province is seeking to allow the tribunal to resolve existing disputes that occurred after April 1, 2019 and were moving through the tribunal’s process at the time of Hinkson’s March 2 judgment.

He says those claims have been on hold and the partial stay, if granted, would also allow new claimants to opt for the tribunal rather than court.

The ruling does not affect the tribunal’s upcoming jurisdiction over enhanced care benefits, reductions in ICBC rates effective May 1, or rebates being sent to ratepayers after cost savings from fewer crashes during the COVID-19 pandemic, Eby added in a statement on Thursday.

The Civil Resolution Tribunal can still decide whether a person is entitled to accident benefits under the Insurance (Vehicle) Act, as well as claims in motor vehicle accident disputes for damages up to $5,000.

ICBC

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

The proposed renovations at the Quesnel Rec Centre. (CRD Drawing)
CRD approves Quesnel pool referendum date

Voters will be asked to approve borrowing $20 million to upgrade Quesnel Rec Centre

CNC’s Applied Research and Innovation had partnered with the Scientific Advisory Committee of the Cariboo Agricultural Research Alliance and Mackin Creek Farm after receiving funding from the Canadian Agricultural Partnership to research a number of solutions potentially extending northern growing seasons. (Photo submitted)
Ways to extend growing season in B.C.’s north explored by College of New Caledonia in Quesnel

Low-cost supplemental LED lighting appears to benefit plant growth

Ecosystem restoration burn planned northwest of Quesnel near Neewa Creek

Burning will take place between April 19 and 30, 2021

Rainbow trouts thrashing with life as they’re about to be transferred to the largest lake of their lives, even though it’s pretty small. These rainbows have a blue tinge because they matched the blue of their hatchery pen, but soon they’ll take on the green-browns of their new home at Lookout Lake. (Zoe Ducklow/News Staff)
VIDEO: B.C. lake stocked with hatchery trout to delight of a seniors fishing club

The Cherish Trout Scouts made plans to come back fishing soon

Royal Inland Hospital in Kamloops. (Dave Eagles/Kamloops This Week file photo)
RCMP intercept vehicle fleeing with infant taken from Kamloops hospital

The baby was at the hospital receiving life-saving care

Vancouver Police Const. Deepak Sood is under review by the Independent Investigations Office of B.C. after making comments to a harm reduction advocate Sunday, April 11. (Screen grab)
VIDEO: Vancouver officer convicted of uttering threats under watchdog review again

Const. Deepak Sood was recorded Sunday saying ‘I’ll smack you’ and ‘go back to selling drugs’ to a harm reduction advocate

Provincial health officer Dr. Bonnie Henry prepares a daily update on the coronavirus pandemic, April 21, 2020. (B.C. Government)
B.C.’s COVID-19 infection rate persists, 1,005 new cases Friday

Hospitalization up to 425, six more virus-related deaths

Premier John Horgan receives a dose of the AstraZeneca COVID-19 vaccine at the pharmacy in James Bay Thrifty’s Foods in Victoria, B.C., on Friday, April 16, 2021. THE CANADIAN PRESS/Chad Hipolito
B.C. Premier John Horgan gets AstraZeneca shot, encourages others

27% of residents in B.C. have now been vaccinated against COVID-19

The Nautical Dog Cafe at Skaha marina is getting its patio ready in hopes Mother Nature will provide where provincial restrictions have taken away indoor dining. (Facebook)
‘A lot of instability’: B.C. restaurants in layoff limbo

As COVID-19 cases stay high, restaurants in British Columbia are closed to indoor dining

Prime Minister Justin Trudeau looks on as Deputy Prime Minister and Finance Minister Chrystia Freeland responds to a question during a news conference on Parliament Hill in Ottawa, Tuesday, Aug. 18, 2020. THE CANADIAN PRESS/Adrian Wyld
Expectations high as Trudeau Liberals get ready to unveil first pandemic budget

The Liberals will look to thread an economic needle with Monday’s budget

Since April 4, 38 flights with COVID-19 cases have departed from Vancouver International Airport, while 23 arrived. (Phil McLachlan/Capital News)
Vancouver the largest source of domestic flights with COVID-19 cases: data

This month alone, 38 flights with COVID-19 cases have departed from Vancouver International Airport, while 23 arrived

John Furlong, Own The Podium board chairman and former CEO of the Vancouver Olympics, addresses a Vancouver Board of Trade luncheon in Vancouver, B.C., on Wednesday November 25, 2015.THE CANADIAN PRESS/Darryl Dyck
John Furlong presents 2030 Winter Games vision to Vancouver Board of Trade

Vancouver and Whistler would remain among host sites because of 2010 sport venues still operational

Most Read