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Search Results for “section 24 insurance vehicle act

CRT Blasted For Arbitrary Decision Based on “Non-Existent” Facts

Reasons for judgment were published today by the BC Supreme Court, Vancouver Registry, setting aside a decision of the BC Civil Resolution Tribunal involving a dispute with ICBC addressing fault for a collision and ordering the matter be remitted for proper determination.  In the process the BC Supreme Court had noted “the tribunal exercised its […]

BC Court of Appeal Finds 60/40 Split of Fault Appropriate For Left Hand Turn Crash at Uncontrolled Intersection

Reasons for judgement were published this week by the BC Court of Appeal overturning a trial result and finding that a 60/40 split of fault was appropriate following a collision involving a left hand turning vehicle at an uncontrolled collision. In the recent case (Randhawa v. Evans) the Respondent Evans was turning left at an […]

Uber RideSharing Can Lead To Uber Insurance Problems

Uber, a ride for hire app, is currently facing a legal showdown in Vancouver.  For those unfamiliar with Uber, the company’s app connects passengers with drivers who, for a fee, take them to their destination.  Uber takes a slice of the action.  The Uber business model is proving profitable for the company but disruptive for […]

ICBC Ordered to Pay $75,000 Punitive Damages for "Bad Faith" Breach of Insurance

I have previously detailed the potentially high financial consequences for civil breach of insurance.   One way a motorist can be in breach relates to intoxication.  If as a result of intoxication an individual is “incapable of proper control of the vehicle” then the motorist can be in breach of their insurance pursuant to Section 55(8)(a) of […]

The Dangers of Passing Vehicles Near Intersections

When a driver proceeds into the on-coming lane of travel to overtake another vehicle care must be taken.  This is particularly so near intersections.  Reasons for judgement were released yesterday by the BC Supreme Court, Vancouver, Registry, addressing fault for a collision arising in such circumstances. In yesterday’s case (Johel v. ICBC) the Plaintiff stopped […]

ICBC Not Limited to 30 Days in Participating in "Uninsured Vehicle" Actions

Reasons for judgement were released last week by the BC Court of Appeal discussing the purpose of (and ICBC’s obligations under) the “uninsured vehicle” provisions of BC’s Insurance (Vehicle) Act. Section 20 of the Insurance (Vehicle) Act provides a pool of $200,000 of available compensation from ICBC for damages caused by uninsured motorists.   When a […]

More on Implied Consent of Registered Vehicle Owners: "Reasonable Inferences"

Reasons for judgement were released last week by the BC Supreme Court, Vancouver Registry, dealing with an interesting issue – can a Court infer consent to operate when a commercial vehicle is involved in a ‘hit and run’ collision? In last week’s case (Perret v. John Doe) the Plaintiff was injured in a 2005 collision. […]