CRT Dismisses “Placeholder” ICBC Benefits Lawsuits
Earlier this year BC’s Civil Resolution Tribunal (“CRT”) noted that their forum cannot be used to preserve limitation periods for ICBC no fault benefit lawsuits where no such past benefits are outstanding. Last week the CRT confirmed this position by dismissing such a ‘placeholder’ lawsuit.
In last week’s case (Yousefi v. ICBC) the Applicant filed a CRT action to preserve the right to seek ICBC no fault benefits should any such benefits be denied. The CRT noted that such claims cannot be indefinitely paused and if they are not withdrawn must proceed to judgement were they will be dismissed if no past benefits are outstanding.
The CRT reached similar conclusions in two sister decision released at the same time (Shin v. ICBC and Bali v. ICBC)
In reaching such a disposition in this case Vice Chair Andrea Ritchie provided the following reasons: