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Difference between revisions of "ICBC and Personal Injury Claims (12:XII)"
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ICBC and Personal Injury Claims (12:XII) (view source)
Revision as of 19:43, 16 August 2019
, 19:43, 16 August 2019→3. Supreme Court of British Columbia
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The Supreme Court of British Columbia is governed by the ''Supreme Court Civil Rules''. | The Supreme Court of British Columbia is governed by the ''Supreme Court Civil Rules''. | ||
Actions for damages over $ | Actions involving the ICBC for damages over $50,000 (effective July 2, 2019) come within the jurisdiction of the Supreme Court of British Columbia (Accident Claims Regulations, s 7). The following represents a brief overview of the procedure for bringing a case to trial at this level. | ||
A claim commenced in Supreme Court can be transferred to the Small Claims on application by one of the parties or by a judge on his or her own initiative. The judge must be satisfied that the monetary outcome of the claim will not exceed $ | A claim commenced in Supreme Court can be transferred to the Small Claims on application by one of the parties or by a judge on his or her own initiative. The judge must be satisfied that the monetary outcome of the claim will not exceed $50,000. Such an application should be made as early as possible for a greater chance of success, and where appropriate, may be accompanied by an express statement by the plaintiff abandoning any claim to damages in excess of $50,000. | ||
==== a) Regular Trial ==== | ==== a) Regular Trial ==== | ||
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#The court, on its own motion or on the application of any party, so orders. | #The court, on its own motion or on the application of any party, so orders. | ||
'''NOTE''': The court is not prevented from awarding damages in excess of $100,000. | |||
If this rule applies to an action, | If this rule applies to an action, | ||
