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Hinkson found parts of the amended Civil Resolution Tribunal Act were unconstitutional and declared them no longer in effect, meaning the tribunal can neither decide whether an injury is minor, nor settle claims up to $50,000.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

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

Just Posted

Terrace Community Fund was able to set up the Dare to Dream Fund with a significant donation from Trumpeter Donnie Clark. (File photo)
Dare to Dream Fund set up after a large donation from musician Donnie Clark

The fund will provide financial support for the Dare to Dream music program in Terrace and Thornhill

The average selling price of a single-family home in Terrace has climbed 26 per cent in the last year. (Jonathan Hayward/The Canadian Press)
House prices soar in Terrace

Average prices increased by 26 per cent

Nurse Vicki Niemi administers a dose of the Pfizer-BioNTech COVID-19 vaccine to Joyce, 88, on Mar. 23, 2020 at the Terrace Sportsplex. All adults in Terrace are now eligible to register for a COVID-19 vaccination. (Ben Bogstie/Terrace Standard)
All adults in Terrace can now register for a COVID-19 vaccine appointment

Community members can register by calling 833-838-2323 or visiting getvaccinated.gov.bc.ca

April 2020 to March 2021 was the second wettest year on record since at least 1969, according to Environment Canada. (Ben Bogstie/Terrace Standard)
VIDEO: Terrace records wettest spell in over a half-century

Terrace saw close to 1,500 millimetres of precipitation between April 2020 and March 2021

Burnaby MLA Raj Chouhan presides as Speaker of the B.C. legislature, which opened it spring session April 12 with a speech from the throne. THE CANADIAN PRESS
B.C. NDP promises more health care spending, business support in 2021 budget

John Horgan government to ‘carefully return to balanced budgets’

A lady wears a sticker given out after receiving a COVID-19 vaccine at a clinic in Richmond, B.C., Saturday, April 10, 2021. THE CANADIAN PRESS
B.C.’s COVID-19 case count slows after last week’s peak

3,219 new cases since Friday, 18 additional deaths

North Cowichan councillor Tek Manhas did not violate the municipality’s code of conduct by posting a sexist meme on Facebook, council concludes. (File photo)
B.C. municipality to take no action against councillor who posted sexist meme

Tek Manhas’s meme doesn’t violate North Cowichan council’s code of conduct, municipality concludes

—Image: contributed
Indoor wine tastings still allowed in B.C., not considered a ‘social gathering’

“Tasting is really just part of the retail experience. The analogy I use is you wouldn’t buy a pair of pants without trying them on.”

A sign on a shop window indicates the store is closed in Ottawa, Monday March 23, 2020. The Canadian Federation of Independent Business is raising its estimate for the number of businesses that are considering the possibility of closing permanently. THE CANADIAN PRESS/Adrian Wyld
Small business struggling amid COVID-19 pandemic looks for aid in Liberals’ budget

President Dan Kelly said it is crucial to maintain programs to help businesses to the other side of the pandemic

The National Security and Intelligence Committee of Parliamentarians says that includes attempts to steal Canadian research on COVID-19 and vaccines, and sow misinformation. (AP Photo/Esteban Felix)
Intelligence committee warns China, Russia targeting Canadian COVID-19 research

Committee also found that the terrorist threat to Canada has shifted since its last such assessment

Part of the massive mess left behind in a Spallumcheen rental home owned by Wes Burden, whose tenants bolted from the property in the middle of the night. Burden is now facing a hefty cleaning and repair bill as a result. (Photo submitted)
Tenants disappear in the night leaving Okanagan home trashed with junk, feces

Spallumcheen rental rooms filled with junk, human and animal feces; landlord scared to rent again

Parliament Hill is viewed below a Canada flag in Gatineau, Quebec, Friday, Sept. 18, 2020. A new poll suggests most Canadians are feeling more grateful for what they have in 2020 as a result of COVID-19 pandemic.THE CANADIAN PRESS/Sean Kilpatrick
Canada’s greenhouse gas emissions increased slightly in 2019: report

2019 report shows Canada emitted about one million tonnes more of these gases than the previous year

Dr. E. Kwok administers a COVID-19 vaccine to a recipient at a vaccination clinic run by Vancouver Coastal Health, in Richmond, B.C., Saturday, April 10, 2021. THE CANADIAN PRESS/Jonathan Hayward
B.C. to register people ages 40+ for COVID-19 vaccines in April

Appointments are currently being booked for people ages 66 and up

Most Read