News

More Incompetence from the CRT

The CRT has previously been called a kangaroo court. Our latest case summary only bolsters that perception.In Yoon v. British Columbia (Civil Resolution Tribunal), 2021 BCSC 1111, Ms. Yoon, the owner of a strata unit, had a dispute with her strata. Being unable to resolve the dispute, she filed a claim with the CRT and […]

ICBC Ordered to Pay Special Costs for Post-Judgment Delays

ICBC has been ordered to pay an injured man special costs for unreasonable conduct following trial.In Purewal v. Uriarte, 2021 BCSC 1935, the plaintiff was injured in car accident in 2016. ICBC had conduct of the defence on behalf of the at-fault party. The plaintiff’s claim proceeded to trial in June 2020. The judge ultimately […]

Duty to Defend

If a person who has purchased liability insurance injures another person, the former’s insurance company will typically defend the insured and pay damages to the injured person. However, are instances where an insurance company can rightly refuse to defend an insured. That was what happened in the recent case of Henderson v. Northbridge General Insurance […]

Key Provisions of CRT Act found Unconstitutional

The Civil Resolutions Tribunal (or CRT) is an administrative tribunal established by the BC government in 2012 to handle disputes between strata councils and property owners. In 2017 the tribunal’s jurisdiction was expanded to allow them to hear small claims disputes of $5,000 or less.The NDP government drastically expanded the tribunal’s jurisdiction in 2019 to […]

Failing to Disclose Known and Dangerous Defects

Sellers can be held responsible if they fail to disclose certain defects or problems with their property. That is what happened in Karner v. Kuhnke, 2021 BCSC 1942.In Karner, the defendant-sellers had listed their rental property for sale. They hadn’t lived at the property for 8 years and it was tenanted at the time of […]

Committeeship

If an individual loses the capacity to make decisions on their own behalf, they require either an individual with power of attorney or committeeship to step into the position of decision maker on their behalf. Power of attorney can only be granted by an individual who has mental capacity. If a person has lost capacity and […]

Devendra v. BC CRT

As we’ve discussed before, the BC Civil Resolution Tribunal has been tasked exclusively with many matters related to ICBC claims. Significantly, this includes exclusively jurisdiction over fault for certain accidents and an injured person’s entitlement to no-fault benefits. Given the importance of the matters the CRT has been tasked to decide, you would expect that […]

CRT Part 7 Decision Update

As of April 1, 2019, substantial changes have been made to ICBC No-Fault benefits. Also known as “Part 7” benefits, these benefits are generally available to all British Columbia motorists involved in a collision regardless of whether they are at fault or not. These benefits primarily cover treatment expenses and disability benefits.The current BC government […]

Deductions After an ICBC Trial

If a person with an ICBC claim goes to trial and is awarded damages, ICBC can apply to deduct from the judgment any no-fault benefits paid or payable in the future. The purpose of such deductions is to avoid double recovery ie. making sure the person does not receive more than what they are entitled […]

COVID-19 and Injury Claims

The COVID-19 pandemic influenced areas of law such as family, employment, and criminal.  However, one area of law which was also affected, though less considered, is personal injury.  We’ve summarised two cases for a quick snapshot of how the courts have dealt with the effects of COVID-19 on ICBC cases.The Effect of COVID-19 on Lost […]

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