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Difference between revisions of "Disputes with ICBC (12:VI)"
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Disputes with ICBC (12:VI) (view source)
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Disputes about liability or damage assessments can also be disputed in certain circumstances by making an application to the CRT to adjudicate on the matter. The CRT has jurisdiction over liability and damages in cases where an accident occurred in BC, and was, “caused by a vehicle or the use or operation of a vehicle as a result of which a person suffers bodily injury” (''IVA'', s 101) and where the total damage amount is less than or equal to $50,000 (note that this damage cap to fall within CRT jurisdiction is, “including loss or damage to property related to the accident but excluding interest and any expenses referred to under section 49” of the ''CRT Act'') (''CRT Act'', s 133(1)(c)). | Disputes about liability or damage assessments can also be disputed in certain circumstances by making an application to the CRT to adjudicate on the matter. The CRT has jurisdiction over liability and damages in cases where an accident occurred in BC, and was, “caused by a vehicle or the use or operation of a vehicle as a result of which a person suffers bodily injury” (''IVA'', s 101) and where the total damage amount is less than or equal to $50,000 (note that this damage cap to fall within CRT jurisdiction is, “including loss or damage to property related to the accident but excluding interest and any expenses referred to under section 49” of the ''CRT Act'') (''CRT Act'', s 133(1)(c)). | ||
<blockquote> '''Note:''' As of March 2021, the BC Supreme Court has deemed the CRT’s authority to adjudicate on liability and damage disputes as being unconstitutional (''Trial Lawyers Association of British Columbia v British Columbia | <blockquote> '''Note:''' As of March 2021, the BC Supreme Court has deemed the CRT’s authority to adjudicate on liability and damage disputes as being unconstitutional (''Trial Lawyers Association of British Columbia v British Columbia''). This is currently being appealed to the BC Court of Appeal. While this case is being decided, parties can choose to bring their liability and damage disputes to either the CRT, or to have them adjudicated through the court system. It is unclear when this case will be decided, or how the outcome will affect the forum for these disputes going forward. </blockquote> | ||
==C. Disputing Denied Benefits (in relation to Parts 1 AND 10 of the ''IVA'')== | ==C. Disputing Denied Benefits (in relation to Parts 1 AND 10 of the ''IVA'')== | ||
