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The court held the plaintiffs did not make all reasonable efforts to identify a hit-and-run driver under s. 24(5) of the Insurance (Vehicle) Act, so their claims against ICBC were dismissed.
The court denied counsel’s application to withdraw before a scheduled 9-day trial, finding no ethical reason was shown and that withdrawal would likely prejudice justice.
The Supreme Court of British Columbia adjourned the trial and granted substituted service by Gmail and Facebook after finding personal service impracticable.
Thomas John Simms was awarded damages after a motor vehicle accident caused chronic neck pain and recurrent headaches, with findings on earning capacity, future care, and special damages.
The court exercised its discretion under Rules 2.02(2)(a) and (b) to treat the prothonotary's rejection of the October 26, 2016 filing as an irregularity amenable to correction, concluded the rejected filing did not commence a live proceeding so the December 8, 2016 filing was a separate proceeding, found no prejudice to the defendant and that justice required the plaintiff's claim be heard, and therefore ordered the date of issue of the originally filed Notice of Action and Statement of Claim amended nunc pro tunc to October 26, 2016.
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The court allowed the action to proceed despite the death of defendant Chelsea Garvin, finding no personal representative could be identified and no prejudice was shown.
On the evidence before the court ACE/INA was the licensed insurer at the relevant time and the statutory text and modern interpretive approach do not support treating a corporate defendant with a self-insured retention or high deductible as an insurer for the purposes of s.113BA(3); therefore the policy and endorsements were not relevant under Rules 14.01 and 15.02 and the plaintiff's disclosure motion was dismissed.
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The court dismissed an application to extend time to file a jury notice in a motor vehicle action, finding ICBC had not acted with due dispatch and prejudice would result.
The court refused a further claim for pretrial costs after a prior global fixed costs award, and clarified how disbursements were to be apportioned between two actions tried together.
The court granted leave to withdraw an admission of liability and amend the response to plead inevitable accident, finding a triable issue and no undue prejudice.
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