BC’s Insurance Vehicle legislation allows a court to deduct from a claim for future loss those damages that have benefits payable under ICBC’s part 7 scheme. ICBC’s track record of paying benefits and their position of a plaintiff’s entitlement to those benefits at trial don’t always align. The legislation was recently amended to direct a court not consider the likelihood that the benefits will be paid or provided when making such deductions.
In one of the first judgements to consider this new language reasons were published today by the BC Supreme Court refusing ICBC’s application for deductions following a jury trial.
In today’s case (Siverston v. Griffin) the Plaintiff was injured in a collision and sued for her damages. Following trial a jury assessed damages which included $60,000 for future care. The Defendant sought to have this award significantly reduced arguing many of the future care items could be paid by ICBC under their part 7 scheme. Madam Justice Jackson was not persuaded, however, and refused to reduce the award. In reaching this conclusion the court found the Defendant simply could not meet their burden with the jury’s lump sum award for future losses. The Court provided the following reasons: