B.C. Attorney General David Eby talks during a press conference at Legislature in Victoria, B.C., on Thursday, May 9, 2019. THE CANADIAN PRESS/Chad Hipolito

B.C. Attorney General David Eby talks during a press conference at Legislature in Victoria, B.C., on Thursday, May 9, 2019. THE CANADIAN PRESS/Chad Hipolito

B.C. applying for stay in court after court rules ICBC tribunal partly unconstitutional

Attorney-General David Eby stands by the government’s plan, which aims to divert minor claims to the tribunal

British Columbia’s Attorney General says the province is applying for a partial stay in a B.C. Supreme Court ruling about jurisdiction over motor vehicle injury disputes, pending its appeal of the same decision.

Chief Justice Christopher Hinkson’s judgment set back the province’s plan to divert certain injury claims away from litigation in court in a move officials said would save money for auto insurance ratepayers and the Insurance Corporation of B.C.

Hinkson found parts of the amended Civil Resolution Tribunal Act were unconstitutional and declared them no longer in effect, meaning the tribunal can neither decide whether an injury is minor, nor settle claims up to $50,000.

Attorney General David Eby says when B.C. gave the tribunal jurisdiction over such matters in April 2019, the aim was to allow injured people to use the tribunal to resolve “lower-value disputes in a timely and fair manner.”

The Trial Lawyers Association of B.C. sued the province over the changes, arguing they denied injured people their constitutional right to go to court.

Eby says the province is seeking to allow the tribunal to resolve existing disputes that occurred after April 1, 2019 and were moving through the tribunal’s process at the time of Hinkson’s March 2 judgment.

He says those claims have been on hold and the partial stay, if granted, would also allow new claimants to opt for the tribunal rather than court.

The ruling does not affect the tribunal’s upcoming jurisdiction over enhanced care benefits, reductions in ICBC rates effective May 1, or rebates being sent to ratepayers after cost savings from fewer crashes during the COVID-19 pandemic, Eby added in a statement on Thursday.

The Civil Resolution Tribunal can still decide whether a person is entitled to accident benefits under the Insurance (Vehicle) Act, as well as claims in motor vehicle accident disputes for damages up to $5,000.

ICBC

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Starting in June, Government Street will be closed to most vehicles between Humboldt and View streets. A section of Government Street was transformed into a pedestrian-priority walkway in the wake of COVID-19. (Black Press Media file photo)
Victoria plans 10-hour closures of Government Street come June

City’s business relief plan extended, Government St. from Humboldt to View closed noon to 10 p.m.

As part of the province’s strategy to combat the opioid overdose crisis, take-home naloxone kits have been distributed throughout the province. (Courtesy of Gaëlle Nicolussi)
Vancouver Island could be at its worst point of overdose crises yet: medical health officer

Island Health issued overdose advisories for Victoria, various communities in the last two weeks

Tents stand amongst the trees in Beacon Hill Park. The City of Victoria is inviting anyone interested in participating in its court petition asking whether camping in the park is legal, under the terms of an 1882 trust, to submit a statement by May 7. (Black Press Media file photo)
Victoria invites public input on Beacon Hill Park sheltering court inquiry

City offers parties with an interest in the outcome to be part of legal proceeding

Cyclists cruised around Saanich at the 2017 Cycling Festival. (Black Press Media file photo)
Saanich scavenger hunt replaces annual Cycling Festival

Participants encouraged to ‘walk or roll’ to 20 secret sites, submit photo proof for prizes

The government map (as of April 22) showing vaccine availability doesn’t have any Saanich Peninsula pharmacies listed, but the situation is fluid, and many readers have already registered. (Province of B.C. screenshot)
Vaccine availability a fluid situation for Saanich Peninsula

Government site may not show pharmacies, but registering still an option

Canadian Prime Minister Justin Trudeau and United States President Joe Biden smile as they say farewell following a virtual joint statement in Ottawa, Tuesday, February 23, 2021. THE CANADIAN PRESS/Adrian Wyld
Trudeau pledges to cut emissions by 40% to 45% by 2030, short of U.S. goal

Trudeau announced target during a virtual climate summit convened by U.S. President Joe Biden

(Black Press Media file photo)
POLL: Have rising prices caused you to give up hope of buying a home?

Do you have a spare 50 grand or so kicking around (have… Continue reading

Anyone with information on any of these individuals is asked to call 1-800-222-TIPS (8477) or visit the website victoriacrimestoppers.ca for more information.
Greater Victoria Crime Stoppers wanted list for the week of April 20

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

MLA Shirley Bond, right, answers questions during a press conference at Legislature in Victoria, B.C., on February 19, 2019. THE CANADIAN PRESS/Chad Hipolito
Former B.C. gaming minister says she wasn’t told directly about dirty cash flowing to casinos

Shirley Bond said Thursday civil forfeiture, gang violence and gambling addiction were also major concerns in 2011

RCMP Constable Etsell speaks to tourists leaving the area at a police roadblock on Westside Road south of Fintry, B.C., Thursday, July 23, 2009. THE CANADIAN PRESS/ Yvonne Berg
B.C. police say they take ‘exception’ to conducting roadblocks limiting travel

Asking the police to enforce roadblocks exposes officers to further risk and possible COVID-19 infections, says federation president Brian Sauve

The conservation service confirmed they do not relocate cougars from settled areas but that euthanasia is not necessarily the fate for an animal in the Fanny Bay area. The hope is that the animal will move on to wild areas. (File photo)
Woman hopes cat-stalking Fanny Bay cougar can avoid euthanization

Conservation officers do not relocate the animals from Vancouver Island

Tofino residents expressed frustration over a recent post by Long Beach Lodge owner Tim Hackett that falsely claimed all residents have been vaccinated. (Westerly file photo)
Resort owner apologizes for suggesting Tofino is safe to travel to

Long Beach Lodge owner Tim Hackett apologizes to community and visitors

BC Hydro released a survey Thursday, April 22. It found that many British Columbians are unintentionally contributing to climate change with their yard maintenance choices. (Pixabay)
Spend a lot of time doing yard work? It might be contributing to climate change

Recent BC Hydro survey finds 60% of homeowners still use gas-powered lawnmowers and yard equipment

Journal de Montreal is seen in Montreal, on Thursday, April 22, 2021. The daily newspaper uses a file picture of Prime Minister Justin Trudeau dressed in traditional Indian clothing during his trip to India to illustrate a story on the Indian variant of the coronavirus. Paul Chiasson/The Canadian Press
Montreal newspaper blasted for front-page photo of Trudeau in India

Trudeau is wearing traditional Indian clothes and holding his hands together in prayer beside a caption that reads, ‘The Indian variant has arrived’

Most Read