This was an appeal by the Insurance Corp. from British Columbia (“ICBC”) of a trial decision lifting a stay of execution on a judgment obtained by Mr. Hosseini against ICBC. The Plaintiff/Respondent was successful in an action against ICBC. He was also the Defendant in a related but separate action brought by ICBC, seeking contribution to a settlement made on his behalf. ICBC was successful at trial in imposing a stay of execution on the judgment against ICBC, pending resolution of the action for contribution. The Court of Appeal dismissed the appeal holding that there was no basis in law to allow ICBC to seek to set off what it must pay, by any sum it may in due course be adjudged entitled to recover.
22. December 2003 0
Hosseini-Nejad v. Insurance Corp. of British Columbia,  B.C.J. No. 2887, British Columbia Court of Appeal