The Court rejected the defendants’ submission that the trial on liability and damages ought to be adjourned pending a resolution of the proceedings in Ontario dealing with the plaintiff’s entitlement to no-fault benefits under an Ontario automobile policy. The Insurance (Motor Vehicle) Act clearly required the court to assess damages without regard to what benefits had been, or may be paid to the insured.

Thibodeau (guardian ad litem of) v. Stanevicius, [2006] B.C.J. No. 131 British Columbia Supreme Court

The insured suffered a brain injury in a motor vehicle accident in British Columbia. The insured was allowed to set an early trial date because of financial hardship. Senior counsel for two of the defendants were not available on the dates set for trial. The defendants sought an adjournment of the trial.

The insured’s father was insured under an Ontario automobile policy issued by Federated Insurance Company of Canada (“Federated”). There was a dispute as to whether the insured was an insured under the Federated policy which provided for no-fault benefits up to $2 million. ICBC and Federated submitted their dispute to arbitration in Ontario (the “Ontario Proceeding”). In the interim, the insured was not receiving any no-fault benefits, other than one advance provided by ICBC.

The Court found that the plaintiff’s financial hardship, and the resulting need to have the matter come to trial as soon as possible, outweighed the defendants’ wish to have their first choice of counsel.

The defendants submitted that the trial should await the outcome of the Ontario Proceeding because the insured’s claim would be greatly reduced or perhaps eliminated if the insured was found to be entitled to benefits under the Federated policy. The Court, in rejecting that argument, noted that the Insurance (Motor Vehicle) Act clearly required the court to assess damages without regard to what benefits had been, or may be, paid to the insured. In the result, the application for an adjournment of the trial was dismissed.

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