Big changes to motor vehicle claims in British Columbia
Welcome to the Injury and Dispute Claim Navigator, a special reference guide written by lawyers dedicated to helping you protect and defend your claim in the new Civil Resolution Tribunal.
Starting on April 1, 2019, the Civil Resolution Tribunal will have jurisdiction to determine whether injuries from motor vehicle accidents are “minor injuries” subject to the new $5,500 cap on damages for pain and suffering, as well as disputes about motor vehicle accident damages and fault up to $50,000.
The Civil Resolution Tribunal is an online tribunal created and operated by the Province of British Columbia. It was designed to offer a more informal dispute resolution process geared to self-represented parties. While similar to a court, Civil Resolution Tribunal decisions made by lawyers and subject matter experts, not judges. They are administrative decision makers, like those used by the Residential Tenancy Branch and other government bodies, subject to limited review by the courts.
Originally, the Civil Resolution Tribunal had limited jurisdiction over certain strata property disputes and small claims disputes under $5,000. For small claims and strata property disputes, lawyers are not allowed to represent clients before the tribunal without first obtaining special permission. However, lawyers can still be retained as legal advisors, and many claimants work with lawyers to understand the law and improve their submissions.
Lawyers can still represent motor vehicle accident victims before the Civil Resolution Tribunal. Given the complexity of personal injury claims, additional damages that may be available outside of those subject to the Civil Resolution Tribunal jurisdiction, and the significant value that personal injury lawyers offer when assessing the scope of potential damages and helping their clients access significant recovery benefits, every person suffering an injury as a result of a motor vehicle accident is encouraged to speak with a lawyer about their claim.
because it's not minor to you
This paper was presented by Matthew Voell and William Veenstra, QC at the recent Trial Lawyers Association of BC conference 'Life After Caps: Minor Injuries' held in Vancouver, B.C., on May 10th and 11th [...]
Recent amendments have done away with statutory appeals of Civil Resolution Tribunal decisions, forcing those unhappy with decisions from this administration tribunal into the judicial review process. This paper prepared by lawyers Matthew Voell [...]
These slides are from an April 17, 2019 case study presentation to the Canadian Bar Association, British Columbia branch Administrative Law Section exploring the application of Charter values in the Civil Resolution Tribunal. Lawyers Oliver [...]
In the April 2019 edition of Bar Talk, published by the Canadian Bar Association, lawyers Matthew Voell and Oliver Pulleyblank discuss significant new changes to motor vehicle litigation in British Columbia and the constitutional [...]