Background: Dilprit Takhar appealed the dismissal of his claim for damages against the Insurance Corporation of British Columbia (ICBC) following a motor vehicle accident. The trial judge dismissed the case, citing Takhar's failure to make "all reasonable efforts" to identify the other driver per s. 24(5) of the Insurance (Vehicle) Act.

The Accident: On October 21, 2016, Takhar’s vehicle was sideswiped by an unidentified minivan in Langley, BC. He did not stop immediately but pulled over later, claiming he was in shock and injured.

Trial and Evidence: At trial, ICBC argued Takhar did not sufficiently attempt to identify the other driver. Evidence included Takhar’s testimony, witness signs put up by a friend, and medical opinions diagnosing a concussion. The trial judge found Takhar not credible and dismissed the case.

Legal Arguments/Issues: On appeal, Takhar argued the trial judge made legal and factual errors in assessing his efforts to identify the other driver. The appellate court found the judge ignored substantial evidence supporting Takhar’s condition and actions at the time.

Appeal Decision: The appellate court concluded the trial judge made a palpable and overriding error by not considering all relevant evidence. The court allowed the appeal and ordered a new trial.

Costs/Awards: The appellate court did not specify costs or awards in favor of Takhar. The matter was remitted to the Supreme Court for a new trial to reassess liability and damages.