Background:
Zmnako Aziz Jaafar filed a personal injury claim after a rear-end collision on March 22, 2018. He could not identify the driver responsible and sued the Insurance Corporation of British Columbia (ICBC) under section 24(5) of the Insurance (Vehicle) Act. This section allows a plaintiff to claim against ICBC as a nominal defendant when the driver is unknown.

Legal Issue:
The key legal issue was whether Mr. Jaafar made all reasonable efforts to identify the driver, as required by section 24(5). ICBC argued that Mr. Jaafar failed to take the necessary steps to ascertain the driver's identity, despite the fact that the driver spoke with him after the accident and would have provided information if asked.

Court's Findings:
The court found that the identity of the driver was reasonably ascertainable at the time of the accident. Mr. Jaafar did not make sufficient efforts to obtain this information immediately or in the weeks following the accident. The court concluded that Mr. Jaafar did not meet the requirements of section 24(5).

Outcome:
Justice Marzari dismissed Mr. Jaafar's claim and awarded costs in favor of ICBC. The exact amount of costs was not specified but was ordered to cover both the action and the summary trial application.