Out of province claim for first party accident benefits allowed despite the passage of a statutory limitation period

Application to add out-of-province insurer as a defendant by insured allowed notwithstanding the limitation period prescribed by s. 103 of the Insurance (Vehicle) Regulation had expired.

Moldovan v. Insurance Corp. of British Columbia, [2011] B.C.J. No. 2008, October 27, 2011, British Columbia Court of Appeal, M.V. Newbury, D.M. Smith and H. Groberman JJ.A.

The claim arose as a result of a motor vehicle accident in British Columbia involving a rental vehicle owned by U-Haul (Canada) Ltd. which was insured under a policy entered into in Arizona with the out-of-province insurer. The insured was a passenger in the rented vehicle. The insured commenced a claim against ICBC, which took the position that it was not responsible to pay the insured’s Part 7 benefits. The insured brought an application to add the insurer as a defendant.

The insurer which had filed a Power of Attorney and Undertaking in British Columbia, sought to defend the claim for Part 7 benefits based on the expiration of the limitation defence set out in s. 103 of Part 7 of the Insurance (Vehicle) Regulation.

The chambers judge allowed the insured’s application to add the insurer as a defendant. The Court of Appeal held that s. 103 of Part 7 of the Insurance (Vehicle) Regulation applied to the insured’s claim. However, the Court went on to consider whether the insurer could be added as a defendant to the proceeding and whether the Court should exercise its discretion to do so under the Supreme Court Rules. The Court considered that it would be just and convenient to add the insurer as a defendant and dismissed the appeal.

This case was originally summarized by Cameron B. Elder and originally edited by David W. Pilley.

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