British Columbia's tribunal handed ICBC a clean win, ruling the province's tort ban blocks injured claimants from chasing loss of earning capacity payouts.
The Civil Resolution Tribunal of British Columbia dismissed an apprentice electrician's bid for additional income replacement benefits on May 12, 2026, in Langlais v. ICBC, 2026 BCCRT 741 (CanLII), reinforcing the scope of the tort ban under Part 10 of the Insurance (Vehicle) Act.
Dezmond Devon Quinn Langlais was riding his motorcycle on February 20, 2023, when an accident left him with injuries that required surgery, including bilateral forearm fractures. He had been working full-time as an apprentice electrician and was scheduled to begin level 3 of his electrical apprentice program at BCIT on March 13, 2023, on track for Red Seal certification.
After the accident, Langlais finished the academic portion of his program but could only manage modified duties and modified hours. His employer could not accommodate the restrictions. In a January 26, 2026 email, he told ICBC he still needed 1,600 work hours to complete the program and had not fully recovered.
ICBC had been paying. By the time of submissions, the insurer had paid service providers $66,162.93 in health care and rehabilitation benefits, and Langlais $31,022.11 in permanent impairment compensation, $11,496 in loss of studies benefits, and $147,804.78 in income replacement benefits. ICBC said it would continue income replacement benefits until October 23, 2026, or until Langlais found work, whichever happened first.
Langlais wanted more. He argued the payments did not address his inability to accumulate the work hours required for Red Seal certification or his "broader loss of earning potential." He filed an IBEW journeyperson wage package showing journeyperson electricians earn more than apprentices.
Tribunal Member David Jiang found the request was, at its core, a claim for loss of earning capacity - a tort remedy. Sections 114 and 115 of the Insurance (Vehicle) Act prohibit claims for personal injury damages from accidents occurring on or after May 1, 2021. The February 2023 accident fell within that window.
His entitlement, the tribunal said, ran through Part 10, Division 6 of the IVA and the Income Replacement and Retirement Benefits and Benefits for Students and Minors Regulation. The regulation sets out two calculation methods: 90 per cent of net income up to $122,500 as of April 2026, or the lesser of $740 per week or 75 per cent of average gross weekly earnings minus other disability compensation. The insured receives the higher of the two. Neither method considers loss of earning capacity.
Langlais did not allege ICBC miscalculated his benefits under the regulation. He argued the statutory formulas understated the actual economic damage and would not make him whole. The tribunal said its role is not to recommend changes to the legislation but to apply it as it stands.
Jiang dismissed the claim and ordered Langlais to reimburse ICBC $25 in tribunal fees within 30 days. ICBC is entitled to post-judgment interest under the Court Order Interest Act.
