Since April 1, 2019, the Civil Resolution Tribunal (CRT) has had exclusive jurisdiction over accident benefits claims against ICBC, and over minor injury determinations. The CRT has specialized expertise over liability and damages claims, up to $50,000.
When Enhanced Care coverage was introduced on May 1, 2021, it included a legislated “lawsuit ban,” effectively removing a person’s right to sue for personal injury damages from a motor vehicle accident except in narrow circumstances. Along with this change, accident benefits available to an injured party greatly increased.
Effective September 1, 2022, the CRT has jurisdiction to hear claims against ICBC about its assessment of responsibility for an accident.
Constitutional challenge
In 2019, the Trial Lawyers Association of BC (TLABC) initiated a constitutional challenge against the CRT’s minor injury determination and liability and damages jurisdiction. On March 2, 2021, then BC Supreme Court (BCSC) Chief Justice Hinkson declared those sections unconstitutional, and of no force and effect (2021 BCSC 348). The government appealed.
On May 12, 2022, the BC Court of Appeal (BCCA) overturned the BCSC’s decision (2022 BCCA 163).
On December 22, 2022, the Supreme Court of Canada (SCC) dismissed the TLABC’s application for leave to appeal (2022 CanLII 121522 (SCC)). So, the CRT’s accident claims jurisdiction over these disputes remains as introduced in April 2019.
Claim volume
Due to the constitutional challenge, the CRT saw a much smaller number of accident claims than initially anticipated. Many claims were put “on hold” pending the outcome of the constitutional challenge.
There was a significant increase in new applications for accident claims after the SCC’s decision in December 2022. The CRT is now seeing higher case volumes for liability and damages claims, and especially minor injury determinations. These relate to motor vehicle accidents which occurred between April 1, 2019 and April 30, 2021.
How did the CRT prepare for accident claims?
The CRT is independent from ICBC and from government. CRT members are appointed after a rigorous, merit-based process based on their legal expertise, adjudicative experience and commitment to public service. They are independent, expert decision-makers with varied experience, which includes plaintiff and defence personal injury work, and the implementation and adjudication of administrative benefits schemes.
The CRT’s online Solution Explorer is the first step in the CRT claims process. It asks simple questions and gives free customized legal information and options. Its self-help tools often help people resolve their issue on their own. The Solution Explorer helps people better understand their legal issue and options before they spend time and money on making a claim.
The CRT developed the Solution Explorer’s content with the help of volunteer personal injury lawyers and other subject-matter experts, including Doctors of B.C., other medical professionals, community legal advocates, members of the public and members of the CRT. The CRT regularly reviews the content to ensure that it is accurate, helpful and easy to understand.
How does the CRT process work?
Once a CRT claim is filed, timelines can be quick. The negotiation stage starts after the respondents reply to the claim. Parties are offered a secure online page where the participants can try to reach an agreement themselves.
The claim is then assigned to a case manager for facilitation. CRT staff actively case manage the claim and assign deadlines. Unlike a court, the CRT process is not party-driven.
By the time a dispute enters facilitation, parties must have gathered their relevant evidence, including any expert evidence. For accident claims, facilitation is usually completed within six months. Once facilitation ends, parties are required to provide their evidence and submissions, normally within one week.
Over 85% of accident claims settle during facilitation. If the parties can’t reach an agreement, a CRT member will make a decision. CRT decisions are binding and enforceable, just like a court order. CRT decisions are subject to judicial review.
Find CRT decisions and learn more about the CRT process at civilresolutionbc.ca.