On December 22, 2022, the Supreme Court of Canada declined to hear an appeal of a decision from the BC Court of Appeal about the constitutionality of certain sections of the CRT’s vehicle accident claims jurisdiction.
This means that for motor vehicle accidents that happened on or after April 1, 2019 the CRT has exclusive jurisdiction to decide if an injury is a “minor injury” for the purposes of the Insurance (Vehicle) Act. The court must dismiss the proceeding if a claim is within the CRT’s exclusive jurisdiction.
This also means that the CRT has specialized expertise to decide claims for fault and personal injury and property damage of up to $50,000 for accidents after April 1, 2019. The court must dismiss the proceeding unless it is not in the interests of justice and fairness for the CRT to adjudicate the claim.
The CRT continues to have exclusive jurisdiction over claims about entitlement to accident benefits, as these were not affected by the court challenge.
Background
In May, 2022 the BC Court of Appeal had overturned a March 2021 decision of the BC Supreme Court, which found that the CRT’s jurisdiction in sections 133(1)(b) and (c) of the Civil Resolution Tribunal Act was unconstitutional. These sections relate to the CRT’s ability to decide if an injury is a “minor injury” under the Insurance (Vehicle) Act, and its ability to decide claims for fault and damages of up to $50,000 for certain motor vehicle accidents.
The respondents to the BC Court of Appeal decision asked the Supreme Court of Canada for “leave”, or permission, to appeal the BC Court of Appeal’s decision. The Supreme Court of Canada has denied leave, which means that it will not hear the appeal and the BC Court of Appeal decision is final.
What happens now?
The CRT is contacting dispute participants who are affected by this decision to inform them of the next steps for their disputes.
Learn more about motor vehicle accident disputes.