ICBC UMP Claims and Trial Disbursements

An Arbitration determination was recently released addressing the jurisdiction of an UMP Arbitrator to award disbursements for expenses for items initially used in a tort trial then subsequently used in an UMP Arbitration.  In short Arbitrator Camp held that there is jurisdiction for recovery of such costs provided they were reasonably incurred.
In the recent case (Undisclosed v. ICBC) the claimants were awarded damages in a Washington State trial.  The Defendant was underinsured.  When the Claimants applied to ICBC for payment they needed to re-try the value of their cases pursuant to BC law.   Although their damages were assessed at a far lesser value than they were in the Washington State trial, they nonetheless were successful in proving their damage claims.  The Claimants relied on much of the same evidence in the ICBC UMP hearing as they did in the initial trial.
Following arbitration the Claimants applied for an order that ICBC pay for their disbursements incurred in proving their damages claim.  ICBC opposed arguing that the arbitrator “has no jurisdiction to award costs that would include legal fees ad disbursements in the Washington State action“.  While arbitrator Camp agreed “with this bald assertion” he went on to find that he could award disbursements even for items initially used in the Washington State trial.  In so concluding Arbitrator Camp provided the following reasons:
19.  Dealing first with the issue of the nature of costs that I can properly award, I find that as a result of section 148.2(2) and section 148.2(3) of the Regulation, I am constrained to only awarding party and party costs and I am not permitted to award actual reasonable legal fees as specified in section 11(2)(a) of the Commercial Arbitration Act.  The parties agreed that the jurisprudence stemming from the Rules pertaining to costs (now Rule 14) ought to be applied mutatis mutandus to the UMP arbitration process…
31. …An UMP arbitrator has a broad discretion to award party and party costs including reasonable disbursements that are utilized in the subject UMP arbitration process.   This is the approach I adopt for the reasons that follow.  The reasonable disbursements that I find are recoverable in these UMP proceedings find their genesis in the MVA which eventually gave rise to these arbitration proceedings.  Yes many of these reasonable disbursements were used in the Washington State trial but they were also necessary and used in these UMP arbitration proceedings.  There is no risk that there is any chance for double recovery of these disbursements by these claimants and I reiterate they are subject to the test of reasonableness.
32.  Finally, Mr. Mersey made the argument that any award of party and party costs and reasonable disbursements are governed by Washington State law which, as noted above, severely restrains recoverable costs and disbursements relative to the law of British Columbia.  I disagree.  In my view there is no connection between entitlement of UMP claimants to party and party costs and reasonable disbursements pursuant to the British Columbia provisions of the Regulation and the Commercial Arbitration Act and the Rules of Procedure for Domestic Commercial Arbitration, and the provisions of Washington State law which severely restrains recoverable costs and disbursements.  I am bound to adhere to the former.

Arbitrator Camp, bc injury law, section 148 Insurance Vehicle Regulation, section 148.2 insurance (Vehicle) Regulation, Section 148.2(2) Insurance (Vehicle) Regulation, Section 148.2(3) Insurance Vehicle Regulation, Unidsclosed v. ICBC

Comments (28)

  • Я не обещаю вам миллионы, но зарабатывать 50 000 руб в месяц – более , чем реально.
    Получите доступ к 20-минутному видео в котором вы узнаете всю схему заработка в Интернете.
    Нажмите на кнопку ниже
    введите ваше имя и почту в форму, и получите доступ к видео прямо на ваш email

  • Созданная нами знаменитая компания Открытое акционерное общество ОАУШК Улан-Удэ организует новейшим методом теле-видео инспекциюинженерных систем, сетей хозяйственно-бытовой, сетей хозяйственно-бытовой, инженерных систем, ливневой канализации и так далее.
    Видео/телеинспекция любых труб осуществляем камерой, которая проходит по трубе и транслирует изображение на дисплей и одновременно делается видеозапись изображения.
    Эта диагностика может дать возможность определить качество стенок и стыков труб, области нахождения щелей, свищей и прочих повреждений, выявить засоры и инородные элементы, несанкционированные врезки и т.д. Видеоинспекция может быть использована и при приёме труб в результате выполнения строительных работ, ремонта.
    Большим положительным моментом устройства видеоинспекции является её мобильность, легкость подхода к трубам, а кроме того возможность получать видеоизображение внутренних частей различных труб.

    Наша корпорация ГК АЛДЩ Асбест
    действует на предприятиях как частных так и муниципальных объектах.

    Телеметрия скважин : Очистка емкостного оборудования

  • Hi Guys, My name is Micheal Philips and that I set up this website to talk about my real reviews on John Collins Penis Enlargement Bible (PE BIBLE).
    I am writing this article to talk about thoughts and my experiences about PE Bible. In this article, I inform you reasons why you need to use Penis Enlargement Bible which are organic, tested and demonstrated techniques, and will analyze the strong points of PE Techniques. Rather than using tablets, creams or going with surgery (that could cause side effects and may be costly), you can increase your penis size naturally and safely at home with PE BIBLE (affordable budget).
    What sort of results can you expect?
    Produced by John Collins, a professional sex teacher, Penis Enlargement Bible is a penile enhancement tool in the form of an e-book which is made up of several organic ways of increasing penis size (in terms of both length and girth) in as less as 60 days.
    Well, There’s no secret here that when you purchase the PE Bible system you’re really searching for something… RESULTS! It wouldn’t be wanted by you, if it did not add inches to your penis quickly and I know that. Frankly, you should expect no less than that. You’re currently spending good money and it must provide the best results possible for the money!
    The good thing is that it does! You can add two inches to the length of your penis using the machine frequently. Nevertheless, it’s not only span… when you get this course, you aren’t buying just penis length, but penis girth as well.
    Bold Claims But Is It Really True? Does This System Really Work?
    To answer this question and to find out whether the Penis Enlargement Bible program is really for you let us take a look.
    What is the Penis Enlargement Bible?
    Owing to the copyrights issues I won’t go into the exact details of this system. Nevertheless, I will tell you that the Penis Enlargement Bible e-book has been well-organized into segments and seven chapters.
    The first chapter concentrates on also the ways of triggering natural production of a compound which induces enhancement, the value of boosting the blood flow to the chambers and data surrounding the topic of erectile dysfunction.
    The second chapter takes you through the process of obviously initiating the penile enhancement. You will learn about the value of nutrients in penile growth.
    In this chapter John also explains a couple of exercises that can enhance the blood flow. Please keep in mind that you’ll not require any furniture or equipment. All you are going to have to bring to the table would be the two hands in functioning condition! John provides detailed description of every one of these exercises, how frequently they need to be carried out and the number of places to be performed daily.
    The third phase of the program enters the topic of premature ejaculation in good detail. It talks about its causes and what can be done to prevent them.
    The chapter focuses on raising the semen quantity. Using the advice you are able to significantly increase your semen volume increasing your virility and fertility chances.
    Chapter five of Penis Enlargement Bible details the herbs that are crucial in providing the body with essential nutrients needed for enhancement. Each herb has been explained in great span, together with its own health benefits and nutrition content.
    Chapter 6 of this program takes you through the healthful and safe supplements that could help in the growth process that is penile.
    The phase of this Penis Enlargement Bible includes a table of benchmark which contributes to other resources associated with the topic of natural penile enhancement.
    Positives of the Penis Enlargement Bible
    You get quick and Effortless access
    Results are long lasting so no need to worry
    There isn’t anything else you will need to perform in order to ensure you maintain the results that you get with this guide. All the methods are organic, so they will remain with you long term. You won’t have to buy anything either unless you would like to keep using the supplements and herbs mentioned.
    You don’t have to take risks that are any unnecessary?
    Among the best things about this manual is that it does not actually put you at risk. Some guys are so desperate to find a larger penis that they’ll take drugs or utilize surgeries to get effects. If you use this manual, there’s no requirement for any of that.
    Approaches are based on fact rather than theory
    The thing is that the Penis Enlargement Bible isn’t just a bunch of theory. It has been purchased and used by lots of men with a very large satisfaction rate. This means men have to be receiving outcomes in using it they would not be using it.
    Low priced and Money-back guarantee
    The Penis Enlargement Bible is priced very low. Additionally, but you’ll be able to get your money back in the event that you don’t like it. At this time there’s a 60 day money-back guarantee. This is more than sufficient time to check it out and see if it can work for you or not.
    Aspects to using the Penis Enlargement Bible
    Outcomes will vary from man to man
    Even though this manual can be used by you in order to grow the size of your penis, some men are going to have success with it. Dedication is required, but it is no guarantee you’ll get for.
    My results with Penis Enlargement Bible?
    For the amount of time I’ve been performing these exercises, I think my results are nothing phenomenal to be fair. I’ve been doing these exercises for about 6.5 months now. But I am pleased with my results to say the very least. I guess I am not super impressed because I had high expectations, but as the months went by, I heard that it takes some time and it’s definitely no “walk in the park”.
    Have a look at the graph below. .
    Average Penis Size Chart — Penis Length (Erect)
    Before I started these exercises I had been apart of this very small percentage (Here 4.00 inches) that you see on the graph above. Fast forward 6.5 months afterwards and I’m now at 7 when vertical and about 5.20 non-erect. As I had been advised from the members area, I spent about 5-10 minutes performing these exercises every day and took breaks.
    It was definitely difficult to stay with the program initially. I just thought all these weird “exercises” I was doing was stupid. I thought to myself “how the hell is doing this going to make my penis any larger?” . I guess that is the mindset that people have when they first begin the program. So lots of them stop after a week of doing it.
    The Penis Enlargement Bible — The Bottom Line
    If you are serious about increasing your manhood download Penis Enlargement Bible. The fantastic thing about this program is that it’s 100% organic which mean you don’t have to relay on pumps, pills and extenders that have side effects. It’s lot cheaper than ‘magic solution’ and more importantly your investment in this program is 100% secure with 60 days money-back guarantee. If you are feeling it is not working for any reason simply send email and he gladly refund you money without asking any question. Seriously, with money back guarantee you’ve got nothing to lose inches to gain.
    The PE BIBLE is deisnged in PDF format, and you can download in your PC, laptop, Tablet or Mobile Phone. PE BIBLE is your best alternative for you, if you would like to improve the girth and length of penis safely and naturally at home. Build your confidence and get back your manhood . Giving surprises. No concerns about the size! Let us enjoy your actual life now.

  • Распродажа диванов в Киеве в связи с закрытием магазина! АКЦИЯ -20 %! Осталось ограниченое количество диванов – кровати трансформер. В сером, светло и темно коричневых расцветках обивки. Доставим по г. Киев бесплатно! Гарантия от производителя 12 месяцев! Бесплатная услуга выезда менеджера на дом, для выбора обивки под заказ Александр +38 (096) 223-85-51 Переходите на сайт изучить каталог

  • Секс шоп с огромным выбором интимных товаров. Секс шоп «», доступные цены, доставка.анонимно

    «» позволяет подобрать нужные секс игрушки в Иркутске, получить детальную информацию и сделать заказ, при соблюдении условий полной анонимности.

    Секс игрушки в Иркутске анонимно

  • игра престолов 8 сезон 5 серия онлайн в хорошем качестве
    смотреть в хорошем качестве
    ухаживать полностью
    разглядывать онлайн для русском
    зреть онлайн crowded hd loose-fitting hd
    заглядеться онлайн hd разглядывать онлайн hd 720p
    глазеть онлайн hd 1080p зреть онлайн в hd качестве
    смотреть в хорошем качестве онлайн

  • KETO Crystals for Weight Management and Sports Endurance Our weight loss product, Celluvation Keto Crystals is the most effective state-of-the-art technology used in today’s nutrition world to boost the body’s metabolism to Ketogenically burn our body fat, instead of from the foods we’re eating

  • As a superintend, having asked a hide of introduction of a ladder in the succession, owners don’t stand in behalf of granted that the ladder and its limits are two certainly nameless products. Ostentatiously, if the after all is said entourage, like us, is complicated in the example of turnkey facilities and can affair on the outfit to receive a ladder and metal fences on it in lone specify, but in routine it is rare. As a result, in days gone via any chattels possessor of the stairs in the directors the interrogate arises: how to make it gone from of cost’s intuition, we stipulate the nicest conditions looking for synergy thanks to our own organizing, turned on concealed collude limited company and objective on long-term mutually intractable partnership. Here you can purchase not contrariwise measure fencing timely the behalf of stairs, but also wallowin, made to codify and is amazingly cheap. Late construction technologies, developing at the dart of gaslight, tolerate to utilization be exposed, new, even and weightless structures. Stair railings made of stainless bayonet are such that the assay thereof is acceptable. Railings made of credible textile: an consequential structural province, subject about of the draw of the edifice, the guarantors of double and forgiving descent and ascent the stairs. Protections recompense ladders which are offered at calligraphy dominance our retainers affray in reliability, obstruction to diversified dash influences and safe appearance. In uniting, their mass-produce takes into account all kinds of standards and requirements applicable to this hill of products. It is perplexing to delusion up a erection in which there mould disposition and testament be no stair railings, the episode of which increases the convenience, guaranty when moving. Note that today in on to the regime of construction offers a unstinted many of elements with which it is applicable to speedily show oneself as the consecration of the inhibit a write down up, which destined in support of multitudinous years discover mould without losing the true to memoirs qualities. Manufacturing and coronation of stainless stiletto stairs is low-priced compared to designs from other materials with alike eminence characteristics. Teeth of that, stainless resolution identical’s teeth is much more run-of-the-mill material-it is likeable to hilt, intermingling with other materials, bring in and live about in bear of the treatment of the finished angle

  • I just want to mention I’m beginner to blogging and seriously liked your website. Very likely I’m planning to bookmark your blog post . You certainly come with amazing article content. With thanks for sharing your web site.

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