Search Results for “section 24 insurance vehicle act

"Reasonable Efforts" Identifying At Fault Motorist Cannot Be Determined by way of Summary Trial

Adding to this site’s database of ICBC Unidentified Motorist prosecutions, reasons for judgement were published today by the BC Supreme Court, Kamloops Registry, finding that the Summary Judgement rule cannot be used to determine if a plaintiff made all reasonable efforts to identify the at fault driver which is a prerequisite to a successful unidentified […]

I Am The Victim Of A Hit And Run. Can I Still Claim Compensation?

I am the Victim of a Hit and Run. Can I still claim Compensation? Yes. If your loss occurred on a highway in BC, your injury or damage arose out of the use and operation of a motor vehicle and the name of the owner and driver of that vehicle were not ascertainable, you may […]

Fast Track Removal Application Dismissed For Being Brought Too Late

When a claim is prosecuted under the fast track (Rule 15) the Court has discretion to remove the case in appropriate circumstances.  Reasons for judgement were recently published by the BC Supreme Court addressing such an application. In the recent case (Peters v. ICBC) the Plaintiff was struck in a crosswalk by an unidentified motorist. […]

Welcome Lawyers Weekly Readers

Earlier this year I had the pleasure of being interviewed by Donalee Moutlon who authored an article for the Lawyers Weekly addressing obligations of motorists involved in hit and run collisions in BC.  Her article was published in this week’s edition. For those of you visiting this site after reading this article, welcome!  If you […]

Hit and Run Identity Obligations Don't Require a Motorist to Go on "A Fool's Errand"

I have written numerous times about ICBC hit and run claims and a Plaintiff’s obligation to make ‘all reasonable efforts’ to identify an unknown motorist prior to being able to successfully sue ICBC for damages.  Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, further addressing this obligation. In this week’s case (Akbari v. […]

Plaintiff's Are "Entitled To Rely" On Representations of ICBC in Naming Defendants in Pleadings

Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, addressing whether a party should be substituted in on-going litigation where the Defendant was incorrectly named due to representations of ICBC.  In short the Court held substitution should be permitted in such circumstances. In this week’s case (Bedoret v. Badham) the Plaintiff was involved in […]

Substitution Orders in ICBC Hit and Run Claims are "Mandatory in Their Nature"

Last year I questioned the correctness of reasons for judgement which refused to make a substitutional order in an ICBC Claim involving an unidentified motorist.  Reasons for judgement were released this week by the BC Supreme Court,  Chilliwack Registry  further addressing this area of the law finding that substitution orders are mandatory once the identity of an unidentified motorist becomes ascertained. In […]

ICBC Hit and Run Claims, Reasonable Efforts and Estoppel

Further to my previous posts discussing legal obligations when seeking compensation following an unidentified motorist collision in BC, interesting reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, suggesting that in the right circumstances estoppel could be used to overcome a ‘failure to take reasonable efforts to identify the Defendant’ defence […]


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