Takhar v. Insurance Corporation of British Columbia
Dilprit Takhar
Law Firm / Organization
Young Anderson Barristers & Solicitors
Lawyer(s)

Serge Grochenkov

Law Firm / Organization
Mussio Goodman
Lawyer(s)

Thomas O'Mahony

Insurance Corporation of British Columbia
John Doe #1
John Doe #2
  • 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.

Supreme Court of British Columbia
M179691
Insurance law
Defendant