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Difference between revisions of "Disputes with ICBC (12:VI)"

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The CRT is an independent administrative tribunal, authorized by the Civil Resolution Tribunal Act to adjudicate on minor injury determination, among other matters. The CRT process does not involve legal representation, and use of the CRT to resolve these disputes is meant to cut legal costs for all parties, although certain parties who require assistance can apply to have a helper or advocate to assist them in the tribunal process. For more details on the CRT, see Chapter 20 of the LSLAP Manual on the CRT and its procedures: https://www.lslap.bc.ca/manual.html  
The CRT is an independent administrative tribunal, authorized by the Civil Resolution Tribunal Act to adjudicate on minor injury determination, among other matters. The CRT process does not involve legal representation, and use of the CRT to resolve these disputes is meant to cut legal costs for all parties, although certain parties who require assistance can apply to have a helper or advocate to assist them in the tribunal process. For more details on the CRT, see Chapter 20 of the LSLAP Manual on the CRT and its procedures: https://www.lslap.bc.ca/manual.html  


<blockquote>'''Note:''' As of March 2021, the BC Supreme Court has deemed the CRT’s authority to adjudicate on minor injury determinations as being unconstitutional ([https://www.canlii.org/en/bc/bcsc/doc/2021/2021bcsc348/2021bcsc348.html?searchUrlHash=AAAAAQBjVHJpYWwgTGF3eWVycyBBc3NvY2lhdGlvbiBvZiBCcml0aXNoIENvbHVtYmlhIHYgQnJpdGlzaCBDb2x1bWJpYSAoQXR0b3JuZXkgR2VuZXJhbCksIDIwMjEgQkNTQyAzNDggAAAAAAE&resultIndex=4 ''Trial Lawyers Association of British Columbia v British Columbia (Attorney General)'', 2021 BCSC 348 (CanLII)]). This is currently being appealed to the BC Court of Appeal. While this case is being decided, parties can choose to bring their minor injury determination 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>
<blockquote>'''Note:''' As of June 2022, the BC Court of Appeal has deemed the CRT’s authority to adjudicate on minor injury determinations as being constitutional (''Trial Lawyers Association of British Columbia v. British Columbia (Attorney General)'', 2022 BCCA 163 (CanLII)). This case may ultimately be brought before the Supreme Court of Canada, but as of now the CRT has jurisdiction on minor injury determinations below $50,000.</blockquote>


==B. Liability And Damages Disputes==
==B. Liability And Damages Disputes==
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