Another Case Holds ICBC Insurance is Relevant Factor Under Rule 37B

Further to my recent post on this topic, another case was just released by the  BC Supreme Court considering whether the Court can consider the fact that the Defendant is insured when determining what costs consequences a formal offer of settlement should have in an ICBC Claim.
In today’s case (Cridge v. Ivancic) the Plaintiff was involved in a 2005 car crash in Surrey, BC.  The Plaintiff sued for damages.  Fault was admitted by the Defendant and the Court was asked to value the claim.
Prior to trial the Defendants (through their ICBC appointed defence lawyer) made a formal offer to settle the case for $50,000.  The Plaintiff did not accept this offer and went to trial.  At trial the Plaintiff sought damages of over $100,000.  The claim was largely unsuccessful with the Court awarding just over $12,000 in total damages.
The Defendants brought a motion seeking that the Plaintiff pay their costs from the point of trial onward.   The Court held that it was not unreasonable for the Plaintiff to reject the formal offer until the week before trial.  As a result the Court awarded the Plaintiff her costs until that stage and the Defendants their costs from that time on.  The result was the costs cancelled each other out.  While there is nothing noteworthy about this result, the decision is worth reviewing because it is yet another precedent discussing whether insurance is a relevant consideration under Rule 37B.  Madam Justice Fenlon held that the existence of insurance is a fair consideration stating as follows:

[14] Under R. 37B(6)(c), another consideration is “the relative financial circumstances of the parties”. The defendants were represented by ICBC. The plaintiff was unrepresented; she is a retired accountant in her 70s, and appears to be of limited means, working only part-time each spring during tax season.

[15] There is conflicting case law on the issue of whether a defendant’s insurance coverage is relevant to the consideration of the financial circumstances of the parties. In Bailey v. Jang, 2008 BCSC 1372 at paras. 32-34, 90 B.C.L.R. (4th) 125 [Bailey], Hinkson J. held that the defendant’s insurance coverage should not be considered because the wording of Rule 37B(6)(c) of the Rules of Court does not invite such consideration and because an insurer is not generally a party to the litigation. Bailey has been followed on this point in various cases, including Abma v. Paul, 2009 BCSC 60 at para. 32, 66 C.P.C. (6th) 100, and A.E. v. D.W.J., 2009 BCSC 505 at para. 58, 91 B.C.L.R. (4th) 372.

[16] However, in Radke at para. 42, Boyd J. held that the fact that the defendants were represented by ICBC and “had substantially greater resources to finance a trial than the individual plaintiff” is a relevant consideration under R. 37B(6)(c). Radke was followed in Smith v. Tedford, 2009 BCSC 905, 77 C.P.C. (6th) 308, where Mr. Justice Grist stated at para. 16 that “[t]he ability to have a case advanced by experienced and well funded counsel is, to my mind, a resource that should be taken into account in exercising the judicial discretion stipulated under the new Rule.”

[17] I find Mrs. Cridge’s modest financial means and the defendants’ representation by ICBC to be a relevant consideration, although not a significant or determinative factor in my decision.

As pointed out in my last article on the topic, Rule 37B has been on the books now for almost two years.  The Court is clearly conflicted about whether the availability of insurance is a relevant factor under the rule.  When the New BC Supreme Court Rules come into force on July 1, 2010 Rule 37B will be replaced with Rule 9.  Rule 9 uses language that is almost identical to Rule 37B so the lack of clarity will likely continue.  In light of the on-going conflicting authorities it will be useful if the BC Court of Appeal addresses this issue.

Cridge v. Ivancic, icbc injury claims, ICBC Insurance and Rule 37B, Madam Justice Fenlon, Rule 37B

Comments (50)

  • I just want to say I’m all new to weblog and certainly liked you’re blog. Probably I’m planning to bookmark your blog . You actually come with awesome posts. Regards for revealing your website page.

  • I’m not sure the place you’re getting your information, however great topic. I must spend a while learning much more or working out more. Thank you for magnificent information I used to be in search of this information for my mission.

  • You can certainly see your skills within the work you write. The arena hopes for more passionate writers like you who are not afraid to say how they believe. At all times go after your heart.

  • I just like the helpful info you provide on your articles. I will bookmark your weblog and test again right here regularly. I am somewhat certain I’ll learn a lot of new stuff right right here! Good luck for the following!

  • Great article and right to the point. I am not sure if this is really the best place to ask but do you guys have any ideea where to employ some professional writers? Thanks in advance 🙂

  • Interesting post right here. One thing I would like to say is that often most professional fields consider the Bachelor’s Degree as the entry level requirement for an online education. While Associate Certification are a great way to get started, completing a person’s Bachelors reveals many good opportunities to various careers, there are numerous internet Bachelor Diploma Programs available coming from institutions like The University of Phoenix, Intercontinental University Online and Kaplan. Another thing is that many brick and mortar institutions provide Online versions of their certifications but commonly for a substantially higher price than the firms that specialize in online education plans.

  • It’s actually a cool and helpful piece of info. I’m satisfied that you just shared this helpful information with us. Please stay us informed like this. Thank you for sharing.

  • I’m not sure exactly why but this site is loading very slow for me. Is anyone else having this problem or is it a issue on my end? I’ll check back later on and see if the problem still exists.

  • It’s really a great and helpful piece of info. I’m glad that you shared this helpful info with us. Please keep us up to date like this. Thanks for sharing.

  • I do agree with all of the ideas you have presented in your post. They are very convincing and will definitely work. Still, the posts are very short for starters. Could you please extend them a bit from next time? Thanks for the post.

  • We’re a bunch of volunteers and starting a new scheme in our community. Your web site offered us with helpful information to work on. You’ve done a formidable job and our entire community shall be grateful to you.

  • Hello! Do you know if they make any plugins to help with SEO? I’m trying to get my blog to rank for some targeted keywords but I’m not seeing very good results. If you know of any please share. Thanks!

  • Wow! This could be one particular of the most helpful blogs We have ever arrive across on this subject. Basically Excellent. I am also an expert in this topic so I can understand your effort.

  • Much evil soon high in hope do view. Out may few northward believing attempted. Yet timed being songs marry one defer men our. Although finished blessing do of. Consider speaking me prospect whatever if. Ten nearer rather hunted six parish indeed number. Allowance repulsive sex may contained can set suspected abilities cordially. Do part am he high rest that. So fruit to ready it being views match.

  • Hi, Neat post. There’s a problem with your website in internet explorer, would test this… IE still is the market leader and a huge portion of people will miss your magnificent writing because of this problem.

  • Thanks for the posting. My partner and i have generally observed that most people are desperate to lose weight as they wish to appear slim along with attractive. Nonetheless, they do not often realize that there are other benefits so that you can losing weight additionally. Doctors claim that overweight people are afflicted by a variety of illnesses that can be directly attributed to their own excess weight. The great news is that people that are overweight and suffering from various diseases can reduce the severity of their particular illnesses by means of losing weight. It is easy to see a continuous but marked improvement in health as soon as even a negligible amount of fat loss is reached.

  • Attractive section of content. I just stumbled upon your weblog and in accession capital to assert that I acquire in fact enjoyed account your blog posts. Anyway I will be subscribing to your feeds and even I achievement you access consistently quickly.

  • Thanks for the points shared in your blog. Yet another thing I would like to mention is that weight-loss is not exactly about going on a dietary fad and trying to lose as much weight as you’re able in a couple of weeks. The most effective way to burn fat is by using it slowly and obeying some basic points which can provide help to make the most from your attempt to lose fat. You may know and be following most of these tips, however reinforcing know-how never does any damage.

  • An attention-grabbing discussion is worth comment. I think that you must write more on this matter, it won’t be a taboo subject but generally persons are not sufficient to talk on such topics. To the next. Cheers

  • Excellent post. I was checking constantly this blog and I am impressed! Extremely useful info specially the last part 🙂 I care for such information much. I was looking for this certain information for a long time. Thank you and best of luck.

  • hello there and thanks on your information – I have certainly picked up something new from proper here. I did on the other hand expertise some technical issues the usage of this site, as I experienced to reload the website a lot of instances prior to I may just get it to load properly. I had been wondering if your hosting is OK? Now not that I’m complaining, however slow loading cases instances will sometimes affect your placement in google and could harm your high-quality score if ads and ***********|advertising|advertising|advertising and *********** with Adwords. Well I am including this RSS to my e-mail and could glance out for much more of your respective exciting content. Make sure you replace this again soon..

  • Someone necessarily lend a hand to make seriously articles I might state. This is the first time I frequented your web page and up to now? I amazed with the analysis you made to make this actual put up amazing. Fantastic job!

  • With almost everything which appears to be building within this specific area, a significant percentage of perspectives are quite refreshing. On the other hand, I appologize, but I can not subscribe to your entire idea, all be it stimulating none the less. It appears to everybody that your comments are actually not entirely validated and in fact you are generally yourself not wholly confident of your assertion. In any case I did take pleasure in reading it.

  • Hey there! Quick question that’s totally off topic. Do you know how to make your site mobile friendly? My weblog looks weird when browsing from my iphone4. I’m trying to find a theme or plugin that might be able to fix this issue. If you have any recommendations, please share. Many thanks!

  • Howdy would you mind sharing which blog platform you’re working with? I’m going to start my own blog in the near future but I’m having a tough time making a decision between BlogEngine/Wordpress/B2evolution and Drupal. The reason I ask is because your design seems different then most blogs and I’m looking for something completely unique. P.S Sorry for being off-topic but I had to ask!

  • Attractive section of content. I just stumbled upon your web site and in accession capital to assert that I acquire in fact enjoyed account your blog posts. Anyway I’ll be subscribing to your augment and even I achievement you access consistently quickly.

  • Hi! This post couldn’t be written any better! Reading through this post reminds me of my good old room mate! He always kept chatting about this. I will forward this page to him. Fairly certain he will have a good read. Thank you for sharing!

  • you are really a good webmaster. The website loading speed is incredible. It seems that you are doing any unique trick. Also, The contents are masterwork. you have done a magnificent job on this topic!

  • I’m still learning from you, but I’m making my way to the top as well. I certainly love reading everything that is posted on your site.Keep the aarticles coming. I enjoyed it!

  • Hello, Neat post. There’s a problem along with your site in web explorer, would check this… IE still is the market chief and a large component to other people will omit your wonderful writing due to this problem.

  • of course like your website but you have to take a look at the spelling on quite a few of your posts. Several of them are rife with spelling problems and I find it very troublesome to inform the truth then again I’ll certainly come back again.

  • When I originally commented I clicked the -Notify me when new feedback are added- checkbox and now each time a comment is added I get 4 emails with the same comment. Is there any method you can remove me from that service? Thanks!

  • I think that is one of the most important information for me. And i am glad reading your article. But wanna commentary on some general things, The site style is ideal, the articles is in point of fact great : D. Just right activity, cheers

Comments are closed.


If you would like further information or require assistance, please get in touch.


Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy