British Columbia Supreme Court did not have jurisdiction to deal with dispute as to quantum between Plaintiff Insured and Defendant ICBC.
476605 B.C. Ltd. v. Insurance Corp. of British Columbia,  B.C.J. No. 1608, August 13, 2010, British Columbia Supreme Court, C.J. Ross J.
The British Columbia Supreme Court upheld a Master’s order dismissing the Plaintiff’s claim. The Plaintiff’s truck was written off following a single vehicle accident. The Plaintiff Insured contended that the Defendant Insurer did not offer sufficient compensation. The Court concluded that the dispute was, in substance, a dispute with respect to quantum and therefore the claim had to be pursued through the procedure set out in s. 142 of the Insurance (Motor Vehicle) Act, R.S.B.C. 1996, c. 231. Accordingly, the Court did not have jurisdiction.
This case was digested by Cameron B. Elder of Harper Grey LLP.
To stay current with the new case law and emerging legal issues in this area, subscribe here.