Tag: Tribunal Member Kristin Gardner

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 Assesses Damages for “Relatively Minor” Injury at Only $1,500

Reasons for judgement were published this week by BC’s Civil Resolution Tribunal (“CRT”) addressing fault and damages following a collision.  In what is one of the lowest assessments of non-pecuniary damages I have seen the CRT awarded $1,500 for injuries which lasted several months.

In today’s case (Thandi v. Uggal) the Applicant was involved in a 2019 collision.  The Respondent denied fault but was found liable for the crash.

The Applicant, who was self represented, gave evidence that he suffered various soft tissue injuries.  These required 3 physiotherapy sessions and two doctors visits.  The Applicant did not bring medico-legal evidence in support of his claim.

Tribunal Member Kristin Gardner accepted he was injured but awarded non-pecuniary damages at only $1,500.  In doing so the Member cited a BC Provincial Court authority from 14 years ago, took the lowest end of the suggested range of applicable damages and did not adjust it for inflation.  In reaching this assessment the following reasons were given:

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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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