Tag: CRT

CRT Moves Ahead With “Minor Injury” Determination Despite Ongoing Indivisible Injury Litigation in BC Supreme Court

Reasons for judgement were published recently by BC’s Civil Resolution Tribunal declining to refuse to determine a minor injury determination dispute despite the party having previous injuries from previous crashes with ongoing litigation in the BC Supreme Court.

In the recent case (Godwin v. Bui) the parties were involved in a May, 2019 collision.  The Respondent was injured in the crash and proceedings were field in the CRT who wished to move ahead to decide both liability for the crash and whether the injuries at question were ‘minor’.

The Respondent noted it would be inappropriate to decide the issue as he was injured in two previous collisions that pre-date the CRT’s jurisdiction which were in active litigation in the BC Supreme Court.  He argued that “the issues are so intertwined with the other actions that it would be impractical for the CRT to make any minor injury determination in this dispute“.  The Applicant did not strongly oppose this with the CRT noting the Applicant “essentially agrees that all the matters should be heard together at the BCSC.“.

Despite this the CRT refused to decline to refuse their determination and noted they would go ahead with their decision.  In reaching this conclusion Vice Chair Andrea Ritchie provided the following reasons:

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Application for ICBC Wage Loss Benefits Dismissed For 7 Days of Disability

The BC Civil Resolution Tribunal published reasons for judgment earlier this month dismissing an application for ICBC wage replacement benefits following 5 days of disability from a vehicle collision.

In the recent case (Cruz v. ICBC) the self represented applicant was injured in a December, 2019 collision.  His injuries caused him to miss 7 days of work.  He applied for ICBC to cover his wage loss under their no-fault benefits but they refused arguing he was not disabled enough days to qualify for benefits.  The CRT agreed and dismissed the applicant’s claim.  In doing so  Tribunal Member Kristen Gardner provided the following reasons:

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CRT Dismisses Applicant Request for ICBC To Pay Lump Sum Part 7 Benefits

Reasons for judgement were published earlier this month dismissing an applicants claim at the BC Civil Resolution Tribunal asking for ICBC to pay physiotherapy treatment expenses as a lump sum.

In the recent case (Smith v. ICBC) the self represented applicant was injured in a October, 2019 collision.  He required physiotherapy which ICBC paid for directly to the service provider.  The Applicant asked the CRT to award him $12,000 as a lump sum for treatment expenses.  The claim was dismissed with the CRT noting that while ICBC can pay a lump sum for treatment expenses doing so is entirely discretionary and continued payment of necessary treatments as they are incurred is acceptable.  In dismissing the claim Tribunal Member Kristen Gardner provided the following reasons:

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CRT – No “Placeholder” Lawsuits To Preserve Future ICBC Benefits

In British Columbia the norm has long been that a collision victim could file a lawsuit against ICBC to preserve the right to future accident related medical/rehab benefits even if no past benefits were outstanding.  The reason was simple, contractually ICBC Part 7 benefits could be payable over many years.  However, if enough time passed without the need to access these benefits, the limitation period could expire thus thwarting the ability to claim future benefits if needed.  A simple court filing could prevent this from occurring.  The BC Supreme Court was reluctant to dismiss such claims understanding their role in preserving future benefits claims.

The BC Government has now diverted many ICBC disputes away from the courts and into a provincially created body known as the Civil Resolution Tribunal.  In the first CRT decision I’m aware of addressing this practice the CRT ruled that such claims will not be accepted and will be dismissed.

In the recent case (Mu v. ICBC) the Applicant filed a ‘placeholder’ lawsuit to preserve her right to seek future ICBC benefits after being involved in a collision.  No past benefits were outstanding.   As ICBC looked to move the dispute forward the Applicant asked the CRT to “pause” the proceeding until such time as a dispute arose to future benefits.  The CRT was not prepared to do so and ruled that under the new system placeholder claims to preserve limitation rights will not be allowed.  In reaching this decision CRT Vice Chair Andrea Ritchie provided the following reasons:

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ERIK
MAGRAKEN

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.

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