The Attorney General’s Ministry says certain disputes may now be resolved through either a tribunal or the court system, pending its appeal of a B.C. Supreme Court decision that reduced the tribunal’s jurisdiction. (AP Photo/Mark J. Terrill)

The Attorney General’s Ministry says certain disputes may now be resolved through either a tribunal or the court system, pending its appeal of a B.C. Supreme Court decision that reduced the tribunal’s jurisdiction. (AP Photo/Mark J. Terrill)

Court of Appeal grants partial stay in ruling on B.C. auto injuries

B.C. trial lawyers challenged legislation brought in to cap minor injury awards and move smaller court disputes to the Civil Resolution Tribunal

The British Columbia Court of Appeal has granted a temporary and partial stay in the legal fight over how drivers in the province can have their accident disputes resolved.

The Attorney General’s Ministry says certain disputes may now be resolved through either a tribunal or the court system, pending its appeal of a B.C. Supreme Court decision that reduced the tribunal’s jurisdiction.

The court ruled in March that it was unconstitutional for a tribunal to make minor injury determinations, setting back government plans to reduce insurance rates by diverting some claims away from the courts.

The ministry said in a statement Friday that drivers who had a crash between April 1, 2019, and April 30, 2021, may opt for the Civil Resolution Tribunal for the time being.

RELATED: B.C. appealing decision keeping ICBC injury cases in court

The Trial Lawyers Association of B.C. successfully sued the province over the changes, arguing they denied injured people their right to take the dispute to court.

Starting on May 1, the same tribunal will have an expanded role over accident benefit disputes, and the court’s ruling has no jurisdiction over those decisions.

Like us on Facebook and follow us on Twitter.

Want to support local journalism? Make a donation here.

ICBC

Just Posted

Comox Valley medical clinics are all open, including the availability to book face-to-face care (i.e. for a physical examination) as per your clinic’s protocol (most clinics operate a “virtual care first” policy). ADOBE STOCK IMAGE
Northern Health launches virtual primary care clinic

Northerners without a family physician or nurse practitioner will now have access to primary care

Demonstrators lined Hwy 16 May 5 to mark the National Day of Awareness for Missing and Murdered Indigenous Women and Girls. (Deb Meissner photo)
VIDEO: Smithers gathering marks Red Dress Day honouring missing and murdered Indigenous women and girls

Approximately 70 people lined Hwy 16, drumming, singing and holding up placards

“Skeena,” by John Hudson and Paul Hanslow is one of five fonts in the running to become the default for Microsoft systems and Office programs. (Black Press Media File Photo)
Font named after Skeena River could become the next Microsoft default

One of the five new fonts will replace Calibri, which has been Microsoft’s default since 2007

The road to Telegraph Creek (Hwy 51) was closed April 15 due to a washout. On May 4, the road was opened to light-duty passenger vehicles during specific times. (BC Transportation and Infrastructure/Facebook)
Telegraph Creek Road opens for light-duty vehicles

Road has been closed since April 15 due to a washout

Prince Rupert was one of the first B.C. communities targeted for mass vaccination after a steep rise in infections. Grey area marks community-wide vaccine distribution. (B.C. Centre for Disease Control)
B.C. tracks big drop in COVID-19 infections after vaccination

Prince Rupert, Indigenous communities show improvement

Signage for ICBC, the Insurance Corporation of British Columbia, is shown in Victoria, B.C., on February 6, 2018. THE CANADIAN PRESS/Chad Hipolito
$150 refunds issued to eligible customers following ICBC’s switch to ‘enhanced care’

Savings amassed from the insurance policy change will lead to one-time rebates for close to 4 million customers

Police investigate a fatal 2011 shooting in a strip mall across from Central City Shopping Centre, which was deemed a gang hit. The Mayor’s Gang Task Force zeroed in on ways to reduce gang involvement and activity. (File photo)
COVID-19 could be a cause in public nature of B.C. gang violence: expert

Martin Bouchard says the pandemic has changed people’s routines and they aren’t getting out of their homes often, which could play a role in the brazen nature of shootings

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Tinder, an online dating application that allows users to anonymously swipe to like or dislike other’s profiles. (Black Press Media files)
B.C. man granted paternity test to see if Tinder match-up led to a ‘beautiful baby’

The plaintiff is seeking contact with the married woman’s infant who he believes is his child

Nurse Tami Arnold prepares to administer a COVID-19 vaccine. (Kareem Elgazzar/AP)
B.C. adults 30+ now eligible to get vaccinated against COVID-19

Health officials made the announcement Wednesday afternoon

Ancient Forest Alliance campaigner Andrea Inness walks beside an enormous western red cedar stump in a BCTS-issued cutblock in the Nahmint Valley. (PHOTO COURTESY TJ WATT)
Watchdog: logging practices put Vancouver Island old growth, biodiversity at risk

Forest Practices Board has issues with BC Timber Sales practices in Nahmint Valley near Port Alberni

Erik Christian Oun, who worked for the Coquitlam school district, has had his teaching licence suspended for half a year. (Pixabay)
B.C. teacher suspended after calling students ‘cutie’ and ‘sweetheart’ in online messages

Erik Oun’s licence has been suspended for half a year, a decision made by the B.C. Commissioner for Teacher Regulation

An Israeli attack helicopter launches flares as he flies over the Israeli Gaza border, southern Israel, Thursday, May 13, 2021. (AP Photo/Ariel Schalit)
Singh calls for halt on Canadian arms sales to Israel as violence escalates in region

Government data shows Canada sent $13.7 million in military goods and technology to Israel in 2019

Most Read