British Columbia's Civil Resolution Tribunal has dismissed an accident benefits claim against ICBC after finding a court lawsuit did not satisfy notice requirements.
The applicant was a passenger injured when the vehicle she was in collided with another vehicle on June 1, 2020. She sought a decision on her entitlement to medical benefits under Part 7 of the Insurance (Vehicle) Regulation. ICBC said it had already paid her benefits, with the last payment made on January 27, 2021, and argued her claim was filed too late.
On May 27, 2022, the applicant filed a Notice of Civil Claim in BC Supreme Court naming ICBC as defendant and seeking payment of Part 7 benefits. ICBC acknowledged service on January 24, 2023, but filed no response, and the applicant took no further steps in that action. On August 21, 2024, she separately applied to the tribunal for dispute resolution over personal injury damages, a minor injury determination, and accident benefits; the tribunal split her claims into three separate disputes based on its jurisdiction, with this one covering only the accident benefits question.
Under the regulation, a claimant who has not given ICBC written notice of an intended action must file within two years of the accident or the last benefit payment. The applicant argued her BC Supreme Court claim amounted to that notice. Vice Chair Kristin Gardner disagreed, finding the regulation requires notice on ICBC's own form, sent by registered mail to the relevant claim office - requirements the court filing did not meet.
She also argued that bringing an action, as the regulation describes it, did not extend to filing a tribunal dispute. Gardner found that the Insurance (Vehicle) Act's definition of an action extends to CRT accident claims, so the term does apply. Even so, she held that filing the BC Supreme Court claim on time did not mean the applicant had also met the tribunal's own deadline, writing that the CRT dispute “is a separate legal proceeding from the BCSC action.”
With no valid notice on file, the applicant's deadline to bring the CRT dispute was January 27, 2023 - two years after her last benefit payment. She applied for tribunal dispute resolution on August 21, 2024, and did not pay the required fee until September 22, 2024, almost 20 months after the deadline passed.
Gardner dismissed the claim as out of time and ordered the applicant to reimburse ICBC $25 in tribunal fees within 30 days; ICBC did not claim further dispute-related expenses. Gardner noted the applicant's BC Supreme Court action remains active and undetermined, and made no findings on it, calling that a matter for the court.
The decision is final and enforceable as a court order.
