Plaintiff
Defendant
Facts: The plaintiff, Dilprit Takhar, was driving when his vehicle collided with a minivan whose driver and owner remained unidentified. Takhar sued the Insurance Corporation of British Columbia (ICBC) as a nominal defendant, claiming over $2 million for damages including chronic pain and other injuries. He alleged that his ankylosing spondylitis, which became symptomatic post-accident, was a result of the crash.
Issue: The main issue was whether Takhar made "all reasonable efforts" to ascertain the identity of the minivan's driver as required under section 24(5) of the Insurance (Vehicle) Act. The ICBC contended that Takhar did not make such efforts.
Court's Ruling: The court dismissed Takhar's claim. It found that he did not meet the required standard of making "all reasonable efforts" to identify the other driver involved in the accident. The judge was not convinced by Takhar’s testimony, noting inconsistencies and finding it lacked credibility.
Amount of Costs/Damages Awarded: No damages were awarded to Takhar as his claim was dismissed. The court also indicated that a separate session would be arranged to address the matter of costs if necessary.
Court
Supreme Court of British ColumbiaCase Number
M179691Practice Area
Insurance lawAmount
Winner
DefendantTrial Start Date
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