Plaintiff
Defendant
Background: The plaintiffs sought accident benefits under the Insurance (Vehicle) Act. Initially, ICBC paid some benefits but later reduced or terminated them. Niharika Tiwari's claim was partially upheld by the Civil Resolution Tribunal (CRT), which ordered ICBC to fund additional treatments and pay $3,477.87 in additional ADL benefits. The case involved the "Enhanced Accident Benefits" under the no-fault insurance system. The CRT had exclusive jurisdiction over disputes regarding entitlement to accident benefits. Bad faith claims against insurers required proving that the insurer acted unreasonably or unfairly in handling claims.
Issues: The primary issues were whether Mr. Mohiuddin’s claim should be stayed pending CRT determination and whether Ms. Tiwari’s claim should be struck for being improperly pleaded and for including unresolved issues before the CRT.
Held: The court determined that Mr. Mohiuddin's claim should be stayed pending the CRT's determination of his entitlement to benefits. Ms. Tiwari's claim was struck with leave to amend, as it lacked essential material facts and included issues not yet resolved by the CRT.
Costs/Damages Awarded: No costs or award amounts in favor of either party were specified beyond the additional ADL benefits awarded by the CRT to Ms. Tiwari.
Court
Supreme Court of British ColumbiaCase Number
S251734Practice Area
Insurance lawAmount
Winner
DefendantTrial Start Date
Download documents