Lawyers representing clients in motor vehicle claims should be aware that actions for Part 7 benefits (now expanded) must now be commenced in the Civil Resolution Tribunal (“CRT”) for accidents occurring on or after April 1, 2019. Lawyers should also be aware that a notice issued to ICBC in compliance with the new section 103 of the Insurance (Vehicle) Regulation suspends the limitation period indefinitely for claims for Part 7 benefits if ICBC does not issue a written response.
The Lawyers Insurance Fund strongly recommends that lawyers who practice in this area learn more about the fundamental changes to motor vehicle claims and the new CRT regime. There is a CLE course in April and a Trial Lawyers Association course in May.
The following table highlights some of the changes:
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MVA BEFORE APRIL 1, 2019
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MVA ON OR AFTER APRIL 1, 2019
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Determination of “minor injury”
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N/A
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CRT has exclusive jurisdiction (section 133 of Civil Resolution Tribunal Act). Initiated by a Dispute Application Form (“DAF”) and see Rule 2.1(3).
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Determination of entitlement to Part 7 benefits
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BCSC has jurisdiction. Initiated by a Part 7 Notice of Civil Claim (“NOCC”).
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CRT has exclusive jurisdiction. Initiated by a DAF.
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Limitation period for actions for Part 7 benefits where S.103 Notice is Issued
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Two years* from the date of: (i) the accident; (ii) last payment of benefits to insured; or (iii) receipt by ICBC of the s. 103 notice for which benefits are claimed but have not been paid (such notice must be provided within two years of the MVA).
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Limitation period is suspended indefinitely by written notice to ICBC in compliance with new s. 103 of Insurance Vehicle Regulation (Order in Council No. 595) if ICBC does not issue a written response.
If ICBC issues a written response to the new s.103 notice (the “Response”), the Part 7 action must be filed in the CRT within the later of*: (i) 3 months from the date of the Response; (ii) 2 years from the date of the accident; and (iii) 2 years from the last payment of benefits to the insured.
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Limitation period for actions for Part 7 benefits where S. 103 Notice is NOT Issued
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Two years* from date of: (i) the accident; or (ii) last payment of benefits to insured.
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Two years* from the date of: (i) the accident; or (ii) last payment of benefits to insured. (Filed in the CRT.)
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Damage Claims ≤ $50,000
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BCSC and Provincial Court of BC (for claims≤ $35,000). Initiated by a NOCC or Notice of Claim, respectively.
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CRT has “specialized expertise” pursuant to s. 133 of the Civil Resolution Tribunal Act. Initiated by a DAF.
Note: there are limits on recoverable costs and disbursements for actions brought within BCSC that are determined to be within the monetary jurisdiction (“tribunal limit amount”)of the CRT pursuant to s. 135(4) of the Civil Resolution Tribunal Act.
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Damage Claims > $50,000
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BCSC has exclusive jurisdiction. Initiated by a NOCC.
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BCSC has exclusive jurisdiction. Initiated by a NOCC.
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*no postponement for infants
Additional Information