Disputes with ICBC (12:VI): Difference between revisions
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→A. Minor Injury Determination Disputes
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::(ii) a pain syndrome; | ::(ii) a pain syndrome; | ||
::(iii) a psychological or psychiatric condition; | ::(iii) a psychological or psychiatric condition; | ||
::(iv) a prescribed injury or an injury in a prescribed type or class of injury;[(defined in s 1(1) of the ''Minor Injury Regulation'')] | ::(iv) a prescribed injury or an injury in a prescribed type or class of injury;[(defined in s 1(1) of the ''Minor Injury Regulation'')]. | ||
Minor injury classifications may be disputed either internally, by speaking with your claim representative and their manager, or by making an application to the Civil Resolution Tribunal (CRT) to adjudicate on the matter. Note that ICBC does not make further information publicly available about the process or deadlines for disputing a determination internally. | Minor injury classifications may be disputed either internally, by speaking with your claim representative and their manager, or by making an application to the Civil Resolution Tribunal (CRT) to adjudicate on the matter. Note that ICBC does not make further information publicly available about the process or deadlines for disputing a determination internally. | ||
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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, 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 the LSLAP Manual on the CRT and its procedures. | 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, 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 the LSLAP Manual on the CRT and its procedures. | ||
'''Note:''' As of June 2022, the BC Court of Appeal has upheld 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)). The Supreme Court of Canada denied the application for leave to appeal in ''Trial Lawyers Association of British Columbia, et al. v. Attorney General of British Columbia, et al.'', 2022 CanLII 121522 (SCC). Thus, the CRT has jurisdiction on minor injury determinations below $50,000. | '''Note:''' As of June 2022, the BC Court of Appeal has upheld the CRT’s authority to adjudicate on minor injury determinations as being constitutional (See https://www.canlii.org/en/bc/bcca/doc/2022/2022bcca163/2022bcca163.html?autocompleteStr=Trial%20Lawyers%20Association%20of%20British%20Columbia%20v.%20British%20Columbia%20(Attorney%20General)%2C%202022%20BCCA%20163&autocompletePos=1&resultId=53077f2097974176ad581364b0c538df&searchId=2024-08-06T14:34:21:087/6d0f24375a154da1b76b3fb5abdec406 ''Trial Lawyers Association of British Columbia v. British Columbia (Attorney General)'', 2022 BCCA 163 (CanLII)). The Supreme Court of Canada denied the application for leave to appeal in [https://www.canlii.org/en/bc/bcca/doc/2022/2022bcca163/2022bcca163.html?autocompleteStr=Trial%20Lawyers%20Association%20of%20British%20Columbia%20v.%20British%20Columbia%20(Attorney%20General)%2C%202022%20BCCA%20163&autocompletePos=1&resultId=53077f2097974176ad581364b0c538df&searchId=2024-08-06T14:34:21:087/6d0f24375a154da1b76b3fb5abdec406 ''Trial Lawyers Association of British Columbia, et al. v. Attorney General of British Columbia, et al.'', 2022 CanLII 121522 (SCC)]. Thus, the CRT has jurisdiction on minor injury determinations below $50,000. | ||
==B. Liability And Damages Disputes== | ==B. Liability And Damages Disputes== | ||
