Chawla v. Gebert
Rina Chawla
Law Firm / Organization
South Fraser Law Group
Kevin Leonard Gebert
Law Firm / Organization
DuMoulin Boskovich LLP

Background:
Rina Chawla sued Kevin Leonard Gebert for damages from two motor vehicle accidents (2016 and 2019). The accidents occurred before and after amendments to the Insurance (Vehicle) Act, creating disputes over which legislative regime applied.

Legal Issues:
The main issue was whether section 83 of the amended Act, which allows deductions of private insurance and employment benefits from damages, applied to Chawla’s claims. The defense argued for disclosure of her private insurance and employment records to assess possible deductions, while Chawla opposed disclosure, asserting the pre-amendment regime applied due to indivisible injuries.

Court’s Analysis:
The jury provisionally awarded Chawla $309,100, including $10,000 for non-pecuniary loss and additional amounts for loss of income and future care. However, the court ruled that the amended Act applied to the second accident, necessitating deductions under section 83 to avoid double recovery. It ordered Chawla to disclose relevant insurance and employment records. To balance interests, the court granted a stay of execution for 60 days, requiring Gebert to make an immediate partial payment of $100,000 while deductions were determined.

Supreme Court of British Columbia
M200898
Insurance law
$ 309,100
Plaintiff