ICBC or its counsel are more likely to file an Initiating Notice in situations where it is advantageous to restrict the case to $50,000 or less
The CRT process is started by filing an “Initiating Notice”. The injured victim will be the party initiating the CRT process if he/she wishes to dispute the classification of the injury as “minor” or the scope of the benefits payable because the claimant has the burden of proof in those situations. ICBC or its counsel are more likely to file an Initiating Notice in situations where it is advantageous to restrict the case to $50,000 or less, least the financial impact from injuries continue to build over time.
Once an Initiating Notice is filed with the CRT, the initiating party must serve the Initiating Notice on the opposing party in accordance with the CRT Rules.
In the unlikely scenario where ICBC or the claimant do not respond, the CRT may do one of the following:
- Determine if the CRT has jurisdiction pursuant to the CRT Act;
- Refuse to resolve the claim pursuant to the CRT Act; or
- Proceed to the case management
In summary, ICBC will use the CRT process to try to limit the claim to $50,000 or less. The claimant is forced into filing with the CRT if he/she wants certain benefits that are being denied by ICBC or wants to challenge the “minor injury” categorization.