Short but helpful reasons were published today by the BC Supreme Court, Victoria Registry, addressing a fact pattern that sometimes arises in litigation involving ICBC.
In today’s case (Littlejohn v. Clavelle) the Plaintiff was injured in a collision and sued for damages. Prior to staring the lawsuit counsel for the plaintiff asked ICBC to provide information concerning the identity of the Defendants. ICBC provided this information but did so partly in error. As a result the Plaintiff commenced the lawsuit but failed to name all appropriate parties.
The Plaintiff successfully applied to add the correct party to the litigation. Despite the passage of the two year limitation period the court noted there was no prejudice in allowing amendment. In doing so Mr. Justice Steeves provided the following reasons: