Civil Resolution Tribunal

The BC government has announced its intent to bring in a cap of $5,500 for pain and suffering on minor injury claims as part of series of reforms for ICBC. The cap is currently scheduled to come into effect on April 1, 2019. Crucial to this alteration in the structure of injury claims will be what is considered a minor injury and what is a major injury. All that has been announced is that concussions, broken bones and serious injuries will not be classified as minor. Any disagreements between ICBC and injuries individuals regarding if their injury is minor or not will be determined by the Civil Resolution Tribunal.

Currently the Civil Resolution Tribunal handles small claims disputes under $5,000 and strata property disputes. The process is entirely online and starts with the parties using a program called the solution explorer to determine the nature of the dispute and if the Civil Resolution Tribunal is the appropriate tribunal to hear the matter. The solution explorer also provides access to factual sheets depending on the nature of claims and self-help tools. If the solution explorer is not able to help a party resolve the matter they can proceed with filing a dispute. After filing a dispute and serving it upon the other party a tribunal member will be in contact online with both parties to attempt to help the parties negotiate a solution. If this is unsuccessful a separate tribunal member will hear the dispute and render a decision regarding the dispute. The hearing of the dispute is an entirely online process and requires parties to submit documents and statements regarding the dispute.

Currently the tribunal is composed of 2 full time members and 37 part time tribunal members who hear all the disputes filed with the tribunal. The part time tribunal members worked between ½ to 3 days a year in 2017.

It is currently unknown what if any types of alterations may be made to the Civil Resolution Tribunal in order to handle the new types of claims it will be hearing.

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