ICBC Claims, Uninsured Motorists, and the Definition of "Highway"
Did you know that if you are injured in BC by a motorist who does not have any insurance at all you can still seek coverage of your tort claim directly from ICBC? The reason you can do this is because of Section 20 of the Insurance (Vehicle) Act which requires ICBC to pay the damages directly when an uninsured motorist negligently injures others.
There are limits to ICBC’s liability under this section, and one such limitation is that the collision has to occur on a ‘highway‘. If the crash does not occur on a ‘highway‘ then ICBC does not need to pay damages under section 20. Reasons for judgement were released today by the BC Supreme Court, Prince George registry, dealing with exception.
In today’s case (Pierre v. Miller) the Plaintiff was injured in a motor vehicle collision. The collision took place on Finlay Forest Service Road, a fairly remote road in British Columbia. The Defendant was not insured and ICBC defended the case directly by the authority given to them under section 20 of the Insurance (Vehicle) Act. ICBC’s lawyer brought a motion for a declaration that Finlay Forest Service Road is not a highway.
Mr. Justice Meiklem agreed with ICBC finding that the road was “a forest service road” and therefore not a highway and ordered that ICBC did not have to pay the Plaintiff anything for his injuries under section 20.
In reaching this conclusion the Court gave the following summary of the definition of “Highway” for the purpose of Uninsured Motorist Claims:
 In order for ICBC to be liable to pay a claim under the provisions of the s. 20 of the IMV Act, the claim must arise out of the use or operation of a motor vehicle on a highway in British Columbia. This follows from the definition of “claimant” and “uninsured motorist” in s. 20 of the IMV Act. “Highway” is defined in the IMV Act as meaning a highway as defined in the Motor Vehicle Act, R.S.B.C. 1996. c. 318 (“MVA”). The MVA definition of highway is:
(a) every highway within the meaning of the Transportation Act,
(b) every road, street, lane or right of way designed or intended for or used by the general public for the passage of vehicles, and
(c) every private place or passageway to which the public, for the purpose of the parking or servicing of vehicles, has access or is invited,
but does not include an industrial road;
 The MVA also defines “industrial road” as follows:
“industrial road” means industrial road as defined in the Industrial Roads Act, and includes a forest service road as defined in the Forest Act and land designated as a development road under section 8 (1) of the Petroleum and Natural Gas Act;
 The definition of an industrial road in the Industrial Roads Act, R.S.B.C. 1996, c. 189 is not applicable in this case but the Forest Act, R.S.B.C. 1996, c. 157 definition of forest service road which is part of the definition of an industrial road in the MVA is in issue. The Forest Act defines a “forest service road” as follows:
“forest service road” means a road on Crown land that
(a) is declared a forest service road under section 115 (5),
(b) is constructed or maintained by the minister under section 121,
(c) was a forest service road under this definition as it was immediately before the coming into force of this paragraph, or
(d) meets prescribed requirements;
 The motor vehicle accident in this case occurred on a road known and marked as the Finlay Forest Service Road. The applicant ICBC argues that the Finlay Forest Service Road falls within the Forest Act definition because it is declared to be a forest service road and because it was constructed or maintained by the Minister of Forests. The respondent plaintiff argues that the Finlay Forest Service Road is a highway by way of public expenditure to which s. 42 of the Transportation Act, S.B.C. 2004, c. 44 applies and also because it is used by the general public for the passage of vehicles. Alternatively the plaintiff argues that if the Finlay Forest Service Road is a forest service road it does not satisfy the definition under the IMV Act because it is a Community Use Forest Service Road rather than an Industrial Use Forest Service Road, it is not primarily for the transportation of natural resources or machinery materials or personal and it is not maintained by the Ministry of Forests and Range.
 Another statutory provision of interest although not directly helpful in characterizing the Finlay Forest Service Road is s. 56 of the Transportation Act which enables the Lieutenant Governor and Council, with the consent of the Minister of Transportation and Highways and Minister of Forests and Range to order that a forest service road cease to be a forest service road and become an arterial highway or a rural highway. There is no evidence that this has occurred in this case.
forestry roads, highway, ICBC Uninsured Motorist Claims, Mr. Justice Meiklem, Pierre v. Miller, Section 20 Insurance Vehicle Act, Uninsured Motorist Claims
straight from the source
I simply want to mention I’m all new to weblog and honestly liked this web page. Almost certainly I’m want to bookmark your website . You absolutely have perfect posts. With thanks for sharing your website page.
Its fantastic as your other content : D, thankyou for posting . “Music is the soul of language.” by Max Heindel.
I used to be very pleased to find this net-site.I wished to thanks to your time for this wonderful read!! I undoubtedly having fun with every little bit of it and I have you bookmarked to check out new stuff you blog post.
you are really a good webmaster. The web site loading speed is amazing. It seems that you are doing any unique trick. Moreover, The contents are masterpiece. you’ve done a excellent job on this topic!
Well I definitely liked reading it. This information offered by you is very practical for proper planning.
marcel van hooijdonk
Thanks for your posting. I have continually observed that many people are needing to lose weight because they wish to show up slim and also attractive. Nonetheless, they do not usually realize that there are many benefits so that you can losing weight as well. Doctors insist that over weight people experience a variety of illnesses that can be instantly attributed to the excess weight. The great thing is that people who definitely are overweight as well as suffering from various diseases can reduce the severity of their illnesses by losing weight. You are able to see a slow but notable improvement with health when even a moderate amount of fat reduction is obtained.
I have recently started a site, the information you provide on this web site has helped me greatly. Thank you for all of your time & work.
I savour, cause I discovered exactly what I used to be looking for. You have ended my four day lengthy hunt! God Bless you man. Have a great day. Bye
3D Animation Wien
You made some decent factors there. I looked on the internet for the issue and found most individuals will go together with with your website.
location de vehicule paris
Heya i am for the first time here. I found this board and I find It really useful & it helped me out a lot. I hope to give something back and help others like you aided me.
Woah! I’m really enjoying the template/theme of this site. It’s simple, yet effective. A lot of times it’s hard to get that “perfect balance” between superb usability and appearance. I must say you have done a superb job with this. In addition, the blog loads very quick for me on Safari. Excellent Blog!
agen poker online
That is the correct blog for anybody who wants to search out out about this topic. You understand so much its nearly arduous to argue with you (not that I actually would need…HaHa). You definitely put a new spin on a subject thats been written about for years. Great stuff, simply nice!
One thing is that often one of the most widespread incentives for utilizing your card is a cash-back or perhaps rebate present. Generally, you’ll have access to 1-5 back for various expenses. Depending on the credit cards, you may get 1 back on most acquisitions, and 5 in return on expenses made at convenience stores, gasoline stations, grocery stores and ‘member merchants’.
Hmm it appears like your website ate my first comment (it was extremely long) so I guess I’ll just sum it up what I submitted and say, I’m thoroughly enjoying your blog. I as well am an aspiring blog blogger but I’m still new to the whole thing. Do you have any tips and hints for first-time blog writers? I’d certainly appreciate it.
מצלמות אבטחה לעסק
Thanks a lot for the helpful content. It is also my belief that mesothelioma cancer has an extremely long latency phase, which means that signs and symptoms of the disease may not emerge right up until 30 to 50 years after the initial exposure to mesothelioma. Pleural mesothelioma, which is the most common kind and affects the area within the lungs, might cause shortness of breath, torso pains, as well as a persistent coughing, which may result in coughing up our blood.
Hmm is anyone else having problems with the images on this blog loading? I’m trying to determine if its a problem on my end or if it’s the blog. Any feed-back would be greatly appreciated.
I will immediately take hold of your rss feed as I can not find your e-mail subscription link or newsletter service. Do you’ve any? Kindly allow me understand in order that I may just subscribe. Thanks.
I have learn a few just right stuff here. Certainly value bookmarking for revisiting. I wonder how a lot effort you set to create this kind of wonderful informative site.
Here are some hyperlinks to web-sites that we link to mainly because we consider they’re worth visiting.
I do consider all the concepts you’ve introduced in your post. They’re really convincing and will certainly work. Nonetheless, the posts are too quick for starters. May you please prolong them a bit from next time? Thank you for the post.
Free Porn Sites
His exquisite sincerity education shameless ten earnestly breakfast add. So we me unknown as improve hastily sitting forming. Especially favourable compliment but thoroughly unreserved saw she themselves. Sufficient impossible him may ten insensible put continuing. Oppose exeter income simple few joy cousin but twenty. Scale began quiet up short wrong in in. Sportsmen shy forfeited engrossed may can.
Hello my family member! I wish to say that this article is amazing, nice written and come with approximately all significant infos. I¡¦d like to see extra posts like this .
This web page can be a walk-through for all the data you needed about this and didn’t know who to ask. Glimpse here, and also you’ll undoubtedly discover it.
My programmer is trying to persuade me to move to .net from PHP. I have always disliked the idea because of the costs. But he’s tryiong none the less. I’ve been using Movable-type on various websites for about a year and am nervous about switching to another platform. I have heard great things about blogengine.net. Is there a way I can transfer all my wordpress content into it? Any kind of help would be really appreciated!
best realistic male stroker
Every the moment inside a even though we select blogs that we read. Listed beneath are the latest web sites that we choose
Hmm it looks like your blog ate my first comment (it was super long) so I guess I’ll just sum it up what I submitted and say, I’m thoroughly enjoying your blog. I as well am an aspiring blog blogger but I’m still new to everything. Do you have any recommendations for newbie blog writers? I’d definitely appreciate it.
using a large dildo
Here are a number of the web sites we advise for our visitors
I do consider all of the concepts you have presented on your post. They are very convincing and can definitely work. Nonetheless, the posts are too quick for newbies. Could you please lengthen them a little from next time? Thanks for the post.
vaginal training set
Here are some of the web sites we advocate for our visitors
just beneath, are a lot of entirely not associated sites to ours, on the other hand, they’re certainly worth going over
Thanks for your write-up on the vacation industry. I’d also like to add that if you are a senior taking into consideration traveling, it truly is absolutely crucial to buy traveling insurance for older persons. When traveling, seniors are at greatest risk being in need of a health care emergency. Getting the right insurance policy package for one’s age group can safeguard your health and provide you with peace of mind.
Heya i am for the first time here. I found this board and I find It really useful & it helped me out much. I hope to give something back and aid others like you helped me.
I am only writing to make you be aware of what a amazing discovery my wife’s daughter encountered going through your site. She came to find lots of details, which included what it’s like to have a great teaching style to let most people without hassle know just exactly several complex things. You actually did more than my desires. Many thanks for churning out those necessary, safe, edifying and in addition cool thoughts on the topic to Julie.
I have been reading out many of your posts and it’s pretty nice stuff. I will definitely bookmark your blog.
how to watch game of thrones free
I’m not that much of a internet reader to be honest but your sites really nice, keep it up! I’ll go ahead and bookmark your site to come back later. Cheers
Awsome info and straight to the point. I am not sure if this is actually the best place to ask but do you guys have any thoughts on where to get some professional writers? Thanks in advance 🙂
I just could not leave your web site prior to suggesting that I extremely loved the standard information an individual provide on your visitors? Is gonna be again often to check out new posts.
Thanks , I’ve recently been searching for information about this subject for ages and yours is the greatest I have discovered till now. But, what about the bottom line? Are you sure about the source?
After reading your blog post, I browsed your website a bit and noticed you aren’t ranking nearly as well in Google as you could be. I possess a handful of blogs myself, and I think you should take a look at “seowebsitetrafficnettools”, just google it. You’ll find it’s a very lovely SEO tool that can bring you a lot more visitors and improve your ranking. They have more than 30+ tools only 20$. Very cheap right? Keep up the quality posts
Furthermore, i believe that mesothelioma cancer is a unusual form of melanoma that is generally found in these previously exposed to asbestos. Cancerous cellular material form inside the mesothelium, which is a safety lining that covers the vast majority of body’s internal organs. These cells ordinarily form in the lining on the lungs, mid-section, or the sac which actually encircles the heart. Thanks for giving your ideas.
Pretty nice post. I simply stumbled upon your weblog and wished to mention that I have really loved surfing around your blog posts. In any case I will be subscribing in your rss feed and I am hoping you write once more soon!
Nice read, I just passed this onto a colleague who was doing some research on that. And he just bought me lunch since I found it for him smile Thus let me rephrase that: Thanks for lunch!
Opieka W Niemczech
I will right away grasp your rss feed as I can’t to find your e-mail subscription link or newsletter service. Do you have any? Please let me understand so that I may subscribe. Thanks.
Hello there, You have done an excellent job. I will definitely digg it and in my view recommend to my friends. I’m confident they’ll be benefited from this site.
Hello.This post was really remarkable, especially since I was looking for thoughts on this issue last Monday.
dj taydeville ft lil jay from crime
I just could not depart your web site prior to suggesting that I extremely enjoyed the usual information an individual provide to your guests? Is gonna be back frequently to check up on new posts
Here are some of the web pages we suggest for our visitors
Normally I do not learn article on blogs, however I wish to say that this write-up very pressured me to check out and do it! Your writing taste has been surprised me. Thanks, very nice post.
double ended stroker
one of our guests just lately encouraged the following website
I do agree with all the ideas you’ve presented in your post. They’re really convincing and will definitely work. Still, the posts are too short for beginners. Could you please extend them a little from next time? Thanks for the post.
Enjoyed studying this, very good stuff, appreciate it. “All things are difficult before they are easy.” by John Norley.
Seo Google Gorzow
Merely a smiling visitant here to share the love (:, btw great style. “Better by far you should forget and smile than that you should remember and be sad.” by Christina Georgina Rossetti.
check below, are some absolutely unrelated internet sites to ours, even so, they are most trustworthy sources that we use
I’m not sure why but this web site is loading incredibly 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 a shame you don’t have a donate button! I’d definitely donate to this brilliant blog! I guess for now i’ll settle for bookmarking and adding your RSS feed to my Google account. I look forward to fresh updates and will talk about this blog with my Facebook group. Chat soon!
Here are a number of the web pages we suggest for our visitors
Comments are closed.