Brar was involved in a motor vehicle accident and claimed Part 7 insurance benefits from ICBC.
Feng, an ICBC claims examiner, handled Brar’s claim.
Brar sued Feng personally for negligence, bad faith, and other causes of action, alleging mishandling of her claim.
The Supreme Court of British Columbia struck Brar’s notice of civil claim for failing to disclose a reasonable claim, interpreting sections 30(2) and (3) of the Insurance Corporation Act, R.S.B.C. 1996, c. 228, as barring personal claims against ICBC employees.
Key Legal Points:
Section 30(2): Prohibits actions against persons other than ICBC for claims related to insurance operations under the Act.
Section 30(3): Bars actions against individuals for acts done in good faith related to the administration of the Act.
Appeal:
Brar argued the chambers judge misinterpreted sections 30(2) and 30(3), claiming that bad faith actions should be allowed against individuals.
Court's Decision:
The Court of Appeal dismissed the appeal. No financial terms specified.
Reasoning:
Sections 30(2) and 30(3) were interpreted correctly by the chambers judge.
Section 30(2) bars actions to enforce insurance claims against individuals, limiting such claims to ICBC.
Section 30(3) does not provide an exception for bad faith claims under Section 30(2).
Conclusion:
Brar’s action was correctly struck out as it fell within the scope of Section 30(2).
Brar was given leave to amend her notice of civil claim to name ICBC as the defendant and provide proper particulars of the alleged breach of good faith.
