The provincial government will apply for a stay of proceedings after the B.C. Supreme Court ruled against its plan to use the ICBC resolution tribunal for minor injury claims.
B.C. Supreme Court Chief Justice Christopher Hinkson ruled last month that the government’s move to prevent minor injury claims from being litigated in court, instead diverting them to a civil resolution tribunal, is unconstitutional.
His ruling struck down sections of the Civil Resolution Tribunal Act, which means the tribunal can no longer adjudicate minor injury claims under $50,000 or settle disputes around the definition of minor injury.
Attorney-General David Eby stands by the government’s plan, which aims to save the insurance corporation $390 million by diverting minor claims from the courts to the tribunal.
In a statement Friday, Eby said the province will apply for a partial stay of the declaration granted by the B.C. Supreme Court, pending its appeal of the court’s recent decision.
A stay-of-proceedings would mean the tribunal can resume handling minor injury claims while the government appeals.
Eby said the application seeks to allow the Civil Resolution Tribunal to resolve existing motor vehicle injury disputes that happened on or after April 1, 2019, and were in the tribunal’s process at the time of the judgment.
These claims are presently on hold following the Supreme Court’s March 2 decision.
The partial stay, if granted, would also allow new claimants to file in the tribunal if they choose to do so, although they will also have the option to file in court, Eby said.
“When we made the changes to the legislation, we made it so those who are injured in motor vehicle accidents can use the [tribunal] to resolve their lower-value disputes in a timely and fair manner,” said Eby, adding that the tribunal is independent and has been in place for years resolving thousands of disputes, including small claims and strata property disputes.
Eby stated that the decision does not affect the tribunal’s upcoming jurisdiction over enhanced care benefits and will not impact the COVID-19 rebates or reductions in rates effective May 1.
The Trial Lawyers Association of B.C., which sued the government over the changes, said the ruling raises serious legal questions about the NDP’s entire no-fault insurance model, since the civil resolution tribunal is a key element of that scheme.
The association, which represents more than 1,500 legal professionals in the province, had argued that the government’s creation of a civil resolution tribunal to adjudicate minor accident claims effectively denies claimants the right to a fair trial.
— With files from Katie DeRosa
