[Updated on April 9, 2021]
On April 8, 2021 the BC Court of Appeal temporarily suspended an earlier BC Supreme Court ruling that parts of the CRT’s jurisdiction over motor vehicle injury disputes were unconstitutional. You can read more about the original ruling here.
This means the CRT can resume deciding, for motor vehicle accidents that happened on or after April 1, 2019:
- if an injury is a “minor injury” for the purposes of the Insurance (Vehicle) Act; and
- claims for liability and personal injury and property damage of up to $50,000.
People with MVI disputes can now choose whether to pursue their dispute at the CRT or file their claim in court instead.
The Court of Appeal’s decision is temporary. It is effective from April 8, 2021 until the Court of Appeal releases its final decision on the appeal.
People with a dispute about their entitlement to accident benefits under the Insurance (Vehicle) Act must still go to the CRT. The court cannot resolve these disputes.
What does this mean for my MVI dispute?
At the beginning of March 2021 the CRT “paused” existing, unresolved disputes involving a minor injury determination and/or a claim for liability or damages. CRT staff will contact parties to inform them they now have the choice to continue at the CRT or take their dispute to court instead. If you’re not sure whether to continue at the CRT or go to court instead, you may want to get legal advice.
Existing MVI disputes that involve a claim for accident benefits will continue through the CRT process.
I have an MVI dispute, where should I file it?
If your dispute involves a minor injury determination and/or a claim for liability or damages up to $50,000 then you can choose to file your dispute at the CRT or have the court decide these issues instead. If you’re not sure whether to continue at the CRT or go to court instead, you may want to get legal advice. The CRT cannot provide legal advice.
If your dispute is only about entitlement to accident benefits, you must file it at the CRT.
Enhanced Care Benefit disputes
Starting on May 1, 2021, the CRT will have expanded jurisdiction over vehicle accident benefit disputes. You can find more information on this area of jurisdiction here. Only the CRT has jurisdiction to resolve these disputes.