Last month the BC Court of Appeal in Trial Lawyers Association of British Columbia v. British Columbia (Attorney General) upheld the Civil Resolution Tribunal’s exclusive jurisdiction to resolve “minor injury claims” and specialized expertise to resolve damage claims at $50,000 or less for motor vehicle accident claims. When determining where to file an MVA claim, consider that:
Practice Tip: When you believe that your matter is not a “minor injury claim,” consider advising ICBC in writing before filing your NOCC (or after filing) that you are proceeding in the Supreme Court. ICBC may agree that the Supreme Court is the correct venue or may assert that it is not. At that point, you know ICBC’s position and can assess the appropriate course of action. Section 16.3 sets out factors the Supreme Court may consider when deciding whether it is in the interests of justice and fairness for the CRT to adjudicate a claim.
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