The court stressed the need for adherence to statutory processes before seeking judicial remedies
The BC Supreme Court stayed one claim and struck another with leave to amend in a lawsuit against the Insurance Corporation of British Columbia (ICBC), emphasizing the need for adherence to statutory processes before judicial remedies.
The plaintiffs, Mohammed Mohiuddin and Niharika Tiwari, commenced a lawsuit against ICBC following a motor vehicle accident in Surrey, BC. The plaintiffs and their two children were involved in the accident and subsequently sought compensation under ICBC's "Enhanced Accident Benefits" system, also known as the "no-fault" system.
The plaintiffs expressed significant frustration with ICBC's handling of their claims, prompting them to file a civil lawsuit. ICBC responded by seeking to stay the action regarding Mohiuddin's claims and strike out Tiwari's claims.
After the accident, ICBC provided various benefits, which were later reduced or terminated. Tiwari contested ICBC's decision to terminate her benefits by filing a claim with the Civil Resolution Tribunal (CRT) in 2022. The CRT ruled partially in her favour, ordering ICBC to fund additional treatments and pay her additional benefits. Despite the ruling, there were unresolved issues regarding her entitlement to further benefits.
Mohiuddin also challenged ICBC's refusal to approve certain benefits through the CRT, asserting severe ongoing injuries. At the time of the court's hearing, Mohiuddin's CRT dispute remained unresolved.
The Supreme Court, acknowledging the plaintiffs' self-represented status, agreed with ICBC that Mohiuddin's claim should be stayed pending the CRT's determination of his entitlement to accident benefits. This stay is based on the need for a determination by the CRT before any potential claim for extra-contractual damages can proceed.
Regarding Tiwari's claim, the court found that her notice of civil claim did not sufficiently reference the CRT's decision, which is essential for any cause of action for extra-contractual damages. The court struck Tiwari's claim with leave to amend, allowing her to refile with the necessary details and pending resolution of any further disputes by the CRT.
The court did not decide on the improper joinder of the plaintiffs' claims in a single action, allowing ICBC the option to revisit this issue in the future. The court advised the plaintiffs to seek legal assistance, considering the legal issues' complexity.
