Overview:
This case involved a February 2019 hit-and-run collision in Burnaby, British Columbia. Plaintiffs Larrissa Kady-Ann Fearon, Shawayne Cecil Powell, and Duwayne Doras Fearon sought damages from the Insurance Corporation of British Columbia (ICBC) under the Insurance (Vehicle) Act, claiming injuries caused by an unidentified driver.

Key Legal Issues:
The central issue was whether the plaintiffs fulfilled their statutory duty under Section 24(5) of the Act to take "all reasonable efforts" to identify the unknown driver. ICBC argued that the plaintiffs’ failure to act promptly disqualified their claim.

Court’s Findings:
Justice Crerar dismissed the claims, concluding the plaintiffs did not meet their statutory duty. The court found:

• The plaintiffs took no investigative steps for over a year after the collision, such as posting signs or advertisements to find witnesses.
• The plaintiffs' reliance on police investigations was insufficient, as they failed to follow up when the investigation stalled.
• The statutory duty required efforts as resolute as if no ICBC coverage existed.

Costs and Awards:
ICBC succeeded in defending all claims and was awarded costs at Scale B, with the exact monetary amount to be determined unless contested by the parties.

Conclusion:
The court emphasized the importance of proactive efforts by claimants under Section 24(5) and criticized ICBC for not proactively informing claimants of their statutory obligations, although this did not affect the outcome.