Court Sets Mileage Special Damage Rate at $0.60 per Kilometer in ICBC Claim

Inflation is real.  Reasons for judgment were published this week by the BC Supreme Court, Vancouver Registry, helpfully setting mileage at $0.60 per kilometer in an ICBC claim.

In the recent case (Trafford v. Byron, 2022 BCSC 1896) the plaintiff was involved in a tort claim preceding the current no-fault era.  Madam Justice Wilkinson provided the following helpful reasons for the current fair calculation of mileage as a special damage in such claims.

[121] The plaintiff asks the court to take judicial notice that the cost of operating a
vehicle has increased since the $0.50 rate was recognized in Grewal-Cheema v.
Tassone, 2010 BCSC 1182 at para. 60. The rate of $0.50 has been applied in a
number of decisions of this Court as recent as 2018 as referred to me by the plaintiff.
The plaintiff’s treatments were in 2021 and 2022. I agree with the plaintiff that it is a
notorious fact that automobile fuel costs and the price of vehicles generally have
increased since 2018. In particular, in 2021 and 2022 fuel costs have significantly
increased such that $0.50 does not reflect reality. Without more evidence, I will set
the rate at $0.60 per kilometre. This award will be $200.30.