ICBC Disputes Pending Appeal Can Be Resolved By Tribunal, Courts After Supreme Court Ruling


VICTORIA – On April 8, 2021, the B.C. Court of Appeal granted a partial stay of the B.C. Supreme Court’s decision that ruled it was unconstitutional for the Civil Resolution Tribunal (CRT) to make minor injury determinations and decide claims of up to $50,000 in motor vehicle injury (MVI) disputes.

The partial stay order is in effect until the Court of Appeal decides on the Attorney General’s appeal from the B.C. Supreme Court decision.

This means that for motor vehicle accidents that happen between April 1, 2019, and April 30, 2021, people have a choice of having their dispute resolved through the CRT or by filing a claim in court if the dispute is about:

* whether an injury is a “minor injury” for the purposes of the Insurance (Vehicle) Act (section 133(1)(b) of the Civil Resolution Tribunal Act); and

* liability and personal injury and property damage of up to $50,000 (section 133(1)(c) of the Civil Resolution Tribunal Act).

For these disputes that fall under sections 133(1)(b) and (c) of the Civil Resolution Tribunal Act, the option of proceeding in either the CRT or the court will continue to be available until the Court of Appeal releases its decision in the attorney general’s appeal. Disputes about accident benefits under section 133(1)(a) of the Civil Resolution Tribunal Act remain the exclusive jurisdiction of the CRT.

The decision does not affect the CRT’s upcoming jurisdiction over enhanced care benefits effective May 1, 2021, and does not impact the COVID-19 rebates or reductions in rates.