Civil Resolution Tribunal Dismisses Accident Claim Due to Out of Time and Mootness

Strategic Insights -

Frank Yu Feng Chen was involved in a motor vehicle accident with Parthkumar Patel on December 16, 2020, and sought a determination that his injuries were not minor injuries under the Insurance (Vehicle) Act (IVA) and claimed $5,000 for pain and suffering and $25,156.74 for past income loss. However, the Civil Resolution Tribunal (CRT) found that Chen's claim for personal injury damages was out of time, as he discovered his claim on the accident date, and the two-year limitation period had expired by the time he filed his application on July 17, 2023.

Key Takeaways:

  • The CRT has jurisdiction over accident claims under Civil Resolution Tribunal Act (CRTA) section 133, including determining whether an injury is a minor injury under the IVA and assessing damages claims up to $50,000.
  • The CRT found that Chen discovered his claim for personal injury damages on the accident date, December 16, 2020, which meant that his claim was filed out of time under the Limitation Act.
  • The CRT determined that the applicant's claim for a minor injury determination was moot, as the sole purpose of determining whether an injury is minor or non-minor is to establish whether the applicant is limited to the cap for the amount of damages they can claim for their injuries.
  • The CRT requires an unsuccessful party to reimburse a successful party for CRT fees and reasonable dispute-related expenses, with Chen ordered to pay the respondent $25 as reimbursement of CRT fees.
  • The CRT dismissed Chen's claims, but the respondent is entitled to post-judgment interest under the Court Order Interest Act.
  • The CRT's order can be enforced through the Supreme Court of British Columbia or the Provincial Court of British Columbia if it is under $35,000.

Statistics:

  • The CRT considered the applicant's $5,000 claim for pain and suffering and $25,156.74 claim for past income loss, totaling $30,156.74 in personal injury damages.
  • The respondent claimed that Chen did not prove any wage loss, and the minor injury determination would have no practical effect, as the applicant is no longer entitled to damages.
  • The CRT's decision was made on December 10, 2024, and the applicant is ordered to pay the respondent $25 in 30 days.

Sources:

  • Chen v. Patel, 2024 BCCRT 1256.
  • Grant Thornton LLP v. New Brunswick, 2021 SCC 31.
  • Peixeiro v. Haberman, 1997 CanLII 325 (SCC).
  • Binnersley v. BCSPCA, 2016 BCCA 259.
  • Lower v. Investment Industry Regulatory Organization of Canada, 2019 BCSC 2188.
  • Civil Resolution Tribunal Act (CRTA).
  • Limitation Act.
  • Insurance (Vehicle) Act (IVA).
  • Minor Injury Regulation (MIR).
  • Court Order Interest Act.