Personal Injury Jurisdiction
As of April 1, 2019, the Civil Resolution Tribunal (CRT) has a substantial amount of jurisdiction over motor vehicle injury claims.
Division 7 of Part 10 of the Civil Resolution Tribunal Act, [SBC 2012] c. 25 (the “CRT Act”), provides that in respect of “accident claims”, the Civil Resolution Tribunal has jurisdiction in any disputes relating to accidents in claims involving determination of entitlement to benefits under the Insurance (Vehicle) Act, the determination of whether an injury is a minor injury for the purposes of the Insurance (Vehicle) Act, and liability and damages in disputes where the global amount in dispute is less than $50,000.
The CRT Act provides that the Civil Resolution Tribunal has exclusive jurisdiction over benefit entitlement and minor injury determinations, and has specialized expertise over questions of quantum and liability for claims under $50,000.
Section 115 of the CRT Act further states that:
115 (1) If, under section 1(3), the tribunal has exclusive jurisdiction in respect of a claim category, or a class of claims in a claim category, the tribunal has exclusive jurisdiction to inquire into, hear and determine all those matters and questions of fact, law and discretion arising under this Act or required to be determined by the tribunal under this Act, and to make any order permitted by this Act to be made, in respect of the claim category or the class of claims in the claim category.
On its face this section appears to say that all questions that arise within an exclusive jurisdiction claim category, for example ‘minor injury’ determinations, also fall within that exclusive jurisdiction. It is difficult however to square this with section 56.7 of the CRT Act.
Section 134 of the CRT Act provides that the Civil Resolution Tribunal does not have jurisdiction over matters arising under sections 18(2), 42.1, 68, 77(2), (8) and (9), and 79 of the Insurance (Vehicle) Act. The CRT Act further provides that the Civil Resolution Tribunal has no jurisdiction under claims relating to deaths made under the Family Compensation Act, the Arbitration Act and constitutional questions.
If you have any questions about whether the Civil Resolution Tribunal has jurisdiction over your personal injury claim, please seek legal advice from qualified independent legal counsel. You can find a list of lawyers familiar with the Civil Resolution Tribunal in our Lawyer Directory.