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Hinkson found parts of the amended Civil Resolution Tribunal Act were unconstitutional and declared them no longer in effect, meaning the tribunal can neither decide whether an injury is minor, nor settle claims up to $50,000.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

Prince Rupert Fire Rescue attend an apartment fire on the morning of April 11 in a building at 521 Fulton Str. (Photo: K-J Millar/The Northern View)
Sunday morning fire rouses tenants

Prince Rupert Fire Rescue attended an apartment fire at 521 Fulton St.

Bears are waking up hungry and starting to forage, Conservation Officer Service said on April 9. Prince Residents are advised to keep garbage in sealed containers to lessen bear attraction. (Photo: K-J Millar/The Northern View)
Keep bears wild – they are not teddy bears

Conservation Officer Service warns bears are waking up hungry

Prince Rupert couple Alvin Tait and Loni Martin have postponed their wedding two times due to COVID-19 affecting the marriage rates in Prince Rupert. (Photo: supplied/L.Martin)
No marriages in Prince Rupert in 2021 so far

Weddings down 23.9% in P.R. since COVID-19 with B.C. wedding industry loss at $158 million

Three North Coast organizations are granted funding to promote multiculturalism and support anti-racism, Jennifer Rice MLA announced on April 8. Conrad Elementary School students recognized the first Black Shirt Day on January 15, 2021, to advocate for anti-racism. (Photo: K-J Millar/The Northern View)
North Coast organizations to benefit from anti-racism funding

$944,000 granted in provincial funding to aid multiculturalism

Restaurant patrons enjoy the weather on a patio in Vancouver, B.C., Monday, April 5, 2021. The province has suspended indoor dining at restaurants and pubs until at least April 19 in B.C. due to a spike in COVID-19 numbers. THE CANADIAN PRESS/Jonathan Hayward
B.C. sets new COVID-19 daily record with 1,293 cases Thursday

New order allows workplace closures when infections found

B.C. Health Minister Adrian Dix and Premier John Horgan describe vaccine rollout at the legislature, March 29, 2021. (B.C. government)
1,262 more COVID-19 infections in B.C. Friday, 9,574 active cases

Province’s mass vaccination reaches one million people

B.C. Premier John Horgan responds to questions during a postelection news conference in Vancouver, on Sunday, October 25, 2020. British Columbia’s opposition Liberals and Greens acknowledge the COVID-19 pandemic has presented huge challenges for Horgan’s government, but they say Monday’s throne speech must outline a coherent plan for the province’s economic, health, social and environmental future. THE CANADIAN PRESS/Darryl Dyck
Horgan’s NDP to bring in throne speech in B.C., Opposition wants coherent plan

Farnworth said the budget will include details of government investment in communities and infrastructure

FILE - An arena worker removes the net from the ice after the Vancouver Canucks and Calgary Flames NHL hockey game was postponed due to a positive COVID-19 test result, in Vancouver, British Columbia, in this Wednesday, March 31, 2021, file photo. As vaccinations ramp up past a pace of 3 million a day in the U.S, the NHL is in a tougher spot than the other three major North American professional sports leagues because seven of 31 teams are based on Canada. (Darryl Dyck/The Canadian Press via AP, File)
Vancouver Canucks scheduled to practice Sunday, resume games April 16 after COVID outbreak

Canucks outbreak delayed the team’s season by eight games

Two-year-old Ivy McLeod, seen here on April 9, 2021 with four-year-old sister Elena and mom Vanessa, was born with limb differences. The family, including husband/dad Sean McLeod, is looking for a family puppy that also has a limb difference. (Jenna Hauck/ Chilliwack Progress)
B.C. family looking for puppy with limb difference, just like 2-year-old Ivy

Ivy McLeod born as bilateral amputee, now her family wants to find ‘companion’ puppy for her

A vehicle that was driven through the wall of a parkade at Uptown Shopping Centre and into the nearby Walmart on April 9 was removed through another hole in the wall later that night. (Photo via Saanich Police Department and Ayush Kakkar)
Vehicle launched into B.C. Walmart removed following rescue of trapped workers

Crews cut new hole in parkade wall to remove vehicle safely

Four members with Divers for Cleaner Lakes and Oceans were out at Cultus Lake on March 28 and 29 hauling trash out of the waters. (Henry Wang)
PHOTOS: Out-of-town divers remove 100s of pounds of trash from Cultus Lake

Members of Divers for Cleaner Lakes and Oceans hauled out 470 pounds of trash over two days

As of Saturday, April 10, people born in 1961 are the latest to be eligible for a COVID-19 vaccine. (Black Press files)
B.C. residents age 60+ can now register to get their COVID-19 vaccine

Vaccine registration is now open to people born in 1961 or earlier

A new saline gargle test, made in B.C., will soon be replacing COVID-19 nasal swab tests for kids. (PHSA screenshot)
Take-home COVID-19 tests available for some B.C. students who fall ill at school

BC Children’s Hospital plans to provide 1,200 kits to Vancouver district schools this April

Most Read