Facts: On September 12, 2017, Ms. Patricia Jane Taylor was struck by a motor vehicle driven by Mr. Michael Edward Peters. Liability was admitted, and Ms. Taylor was awarded $407,585.92 for damages and future care. The dispute involved the deduction of "no fault" benefits under Part 7 of the Insurance (Vehicle) Act, which ICBC (the insurance company) applied to reduce the award by $137,080.
Issue: Whether ICBC should be allowed to deduct the Part 7 benefits from the cost of future care awarded to Ms. Taylor, and the timeliness and adequacy of ICBC's reimbursements for her expenses.
Court's Ruling: The court ruled in favor of Ms. Taylor, finding ICBC's conduct egregious and unable to trust that ICBC would honor its commitments. It ordered that only the amount already paid to Ms. Taylor in Part 7 benefits ($9,033) be deducted from the award, with Ms. Taylor waiving the remainder of the Part 7 benefits.
Costs/Damages Awarded: Ms. Taylor was awarded the original judgment amount minus the $9,033 already paid in Part 7 benefits, retaining her entitlement to the costs of the application. Further hearings were scheduled to resolve any disputes over costs or the exact amount of Part 7 benefits paid.
