No. 1 Collision Repair & Painting (1982) Ltd. v. Insurance Corp. of British Columbia

No. 1 Collision Repair & Painting (1982) Ltd. v. Insurance Corp. of British Columbia

By majority (Donald J.A., Hall J.A.) the trial judge was not plainly wrong: ICBC's conduct (CL-14 changes, warnings, refusal to include No.1 in direct payment system) constituted reasonable defensive business/administrative responses to surcharge litigation and did not establish the unlawful means required for the...

Source-derived case information.

Citation
2000 BCCA 463
Parties
Plaintiff (appellant): No. 1 Collision Repair & Painting (1982) Ltd.; Defendant (respondent): Insurance Corporation of British Columbia; Defendant (respondent): Robert Brownlee; Defendant (respondent): Gordon Parsons; Defendant (respondent): Derek Vettese; Defendant (respondent): Stacey Bernier; Defendant (respondent): Richard Fister; Defendant (respondent): Neil Weatherston
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
8 August 2000
Procedural Posture
Civil Appeal (economic Torts and Costs) / Court of Appeal Judgment on Appeal From Trial Judgment
Outcome
Appeal on liability dismissed (majority); costs order varied (partial allowance of costs appeal)
Legal Topics
Unlawful Interference With Economic Interests, Intimidation, Restraint of Trade, Abuse of Statutory Power, Monopolistic Abuse, Breach of Insurance Indemnity, Costs
Source Language
english
Torts Insurance Law Administrative Law Equity Competition/monopoly Law Unlawful Interference With Economic Interests Intimidation Restraint of Trade +4 more

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Parties

No. 1 Collision Repair & Painting (1982) Ltd.

Plaintiff (appellant)

Insurance Corporation of British Columbia

Defendant (respondent)

Robert Brownlee

Defendant (respondent)

Gordon Parsons

Defendant (respondent)

Derek Vettese

Defendant (respondent)

Stacey Bernier

Defendant (respondent)

Richard Fister

Defendant (respondent)

Neil Weatherston

Defendant (respondent)

Procedural Posture

Civil Appeal (economic Torts and Costs) / Court of Appeal Judgment on Appeal From Trial Judgment

Legal Issues

  1. 1 Whether ICBC used unlawful means to interfere with No.1 Collision's economic interests
  2. 2 Whether threats and conduct by ICBC constituted the tort of intimidation
  3. 3 Whether ICBC's conduct amounted to an unlawful restraint of trade or an abuse of statutory/monopolistic power

Ratio Decidendi

By majority (Donald J.A., Hall J.A.) the trial judge was not plainly wrong: ICBC's conduct (CL-14 changes, warnings, refusal to include No.1 in direct payment system) constituted reasonable defensive business/administrative responses to surcharge litigation and did not establish the unlawful means required for the economic torts or intimidation on the evidentiary record; appeal on liability dismissed; costs allocation adjusted by the Court (Hall J.A.) to reflect respondent's overall success but also improper delay in paying undisputed CL-14 amounts.

Court Disposition

Appeal on liability dismissed (majority); costs order varied (partial allowance of costs appeal)

Orders

  • Appeal on liability dismissed; trial judgment on CL-14 debt affirmed
  • Costs of trial: division altered — three quarters (75%) awarded to respondent ICBC and one quarter (25%) awarded to appellant No.1 Collision