ICBC has passed legislation to move claim disputes for accidents on or after April 1, 2019 into the jurisdiction of the Civil Resolution Tribunal
In February 2018, the government introduced Bill 22, the Civil Resolution Tribunal Amendment Act (the “CRT Act”). The Regulations to the CRT Act were introduced in November 2018. The stated intention is to move many of the ICBC claim disputes for accidents on or after April 1, 2019 into the jurisdiction of the Civil Resolution Tribunal (“CRT”). The CRT is now the avenue to dispute ICBC’s ruling on benefits owing and to dispute the classification of your claim as being a “minor injury”. Further, on damages and liability claims with a monetary value up to $50,000, the CRT has exclusive jurisdiction. The Supreme Court of British Columbia still has jurisdiction on claims worth more than $50,000.
As this is a new process, it is difficult to predict the outcome. One can anticipate the learning curve of lawyers, claimants, ICBC adjusters and CRT adjudicators will be steep. Also, there is a guaranteed to be a legal challenge on whether the program follows the Charter of Rights and Freedom as the CRT program creates two classes of people depending on injury or illness contrary to Section 15 of the Charter. Further, the CRT program removes power from the Courts contrary to Section 96 the Canadian Constitution.