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Tag: Enhanced Accident Benefits Regulation

ICBC Ordered To Pay Over $400,000 After Denying Widow Death Benefits Following Fatal Crash

Reasons for decision were published last week by the Civil Resolution Tribunal ordering ICBC to pay over $400,000 in benefits and interest after finding they wrongly denied a widow spousal death benefits following a fatal collision.

In the recent case (Dion v. ICBC) the Applicant’s spouse died in a motorcycle collision in 2022.  The Applicant applied for the spousal death benefit but ICBC refused to pay arguing that they were living separately at the time of the crash and therefore no longer spouses as defined in the applicable regulation.

Vic Chair Eric Regehr found that ICBC was wrong in denying the benefit and found that the Applicant was still the Defendant’s spouse despite them living separately.  In doing so the Tribunal provided the following reasons noting living together is not a requirement under section 45(b) of the regulation:

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