As of today BC’s Civil Resolution Tribunal (“CRT”) which as been granted near exclusive jurisdiction to determine if injuries are “minor” as defined by the Insurance (Vehicle) Act has yet to rule on any case providing any assistance in interpreting this new (and constitutionally challenged) legal scheme.
Earlier this year the CRT was asked to set aside a “minor” injury settlement after the applicant discovered a disc bulge. The CRT refused to do so. Today reasons for judgement were published (Bajracharya v. Rahul) by the CRT inovlving a collision claim disputing the ‘minor’ injury designation. Despite this opportunity the CRT refused to dive into the topic finding that the Applicant was liable for the collision thus dismissing the claim and finding that the minor injury question did not need to be answered. In reaching this conclusion Vice Chair Andrea Ritchie provided the following reasons: