233/2018

O.C. 594/2018

November 9, 2018

April 1, 2019

Civil Resolution Tribunal Act

Accident Claims Regulation

[Last amended September 1, 2022 by B.C. Reg. 147/2022]

233_2018_pit

Definitions and

interpretation

In this regulation:

Act means the Civil Resolution Tribunal Act ;

independent medical examination , in respect of an accident claim, means an examination conducted by an expert appointed by the tribunal under

section 3.

In sections 5 and 6, a reference to "expenses and charges" is to be read as including

any amounts charged by a lawyer or other representative of a party, and

any amounts payable in relation to expert evidence.

Benefits Claims, Minor Injury Claims and Liability and Damages Claims

Application of Part

This Part applies in relation to accident claims referred to in

section 133 (1) (

a) to (

c) of the Act.

[en. B.C. Reg. 147/2022, Sch. 1, s. 2.]

Independent medical examination

On the request of a party or on the tribunal's own initiative, if the physical or mental condition of a person is in issue, the tribunal may appoint an expert

to conduct an independent medical examination with respect to a person's injuries related to an accident claim, and

to provide an opinion in the form of a report that includes the following information, to the extent that the information is applicable or within the expert's area of practice:

the nature and extent of the person's injuries;

the person's diagnosis;

iii

the person's condition at the time of the independent medical examination;

the person's prognosis;

any information required by the tribunal.

[am. B.C. Reg. 60/2019, App. 4.]

Other expert evidence

A party may introduce expert evidence from one expert other than a report under

section 3 (b).

The tribunal may allow a party to introduce evidence from up to 2 additional experts if the tribunal considers that the introduction of additional evidence is reasonably necessary and proportionate to the accident claim.

Prescribed allowable expenses

For the purposes of

section 49 (3) [order for payment of expenses] of the Act, the following prescribed limits apply to the fees, expenses and charges that one party may be required to pay to another party:

in the case of expenses and charges associated with an independent medical examination, $2 000 is the limit prescribed in relation to the independent medical examination, excluding reasonable travelling and out-of-pocket expenses necessarily incurred for the independent medical examination;

in any case other than the case referred to in paragraph (a),

$2 000 is the limit prescribed for expenses and charges payable in relation to each expert, including any expenses and charges payable in relation to reports or other evidence prepared by each expert providing expert evidence, and

$5 000 is the total limit prescribed for all recoverable fees, expenses and charges, including any expenses and charges payable under subparagraph (i).

For certainty, the total limit described in subsection (1) (b) (ii) does not include any fees, expenses and charges associated with an independent medical examination.

Orders for payment for independent medical examinations

For the purposes of

section 49 (3) [order for payment of expenses] of the Act, an order of the tribunal in relation to an order for payment associated with an expert's independent medical examination is subject to the following prescribed restrictions:

unless the tribunal orders otherwise, any expenses and charges associated with an expert's independent medical examination are payable

by the requesting party, or

equally by the parties, if the expert is appointed on the tribunal's own initiative;

the amounts payable by a party under paragraph (

a) are recoverable by the successful party.

Prescribed tribunal limit amount

For the purposes of the definition of "tribunal limit amount" in

section 132 [definitions for Division — accident claims] of the Act, $50 000 is the maximum amount that the tribunal may award in an accident claim in accordance with

section 133 (1) (c) [claims within jurisdiction of tribunal for accident claims] of the Act.

Accident Responsibility Claims

Application of Part

This Part applies in relation to accident claims referred to in

section 133 (1) (

d) of the Act.

[en. B.C. Reg. 147/2022, Sch. 1, s. 3.]

Time limit — determination of extent of responsibility for accident

For the purposes of

section 13.5 of the Act, a party may not make a request under

section 4 of the Act asking the tribunal to resolve a claim concerning a determination by the Insurance Corporation of British Columbia of the extent to which the party is responsible for an accident more than 90 days after the Insurance Corporation of British Columbia makes a detailed assessment of responsibility in relation to the accident.

For the purposes of subsection (1), the date that the Insurance Corporation of British Columbia makes a detailed assessment of responsibility is the date of the detailed responsibility assessment (CL 722) issued by the Insurance Corporation of British Columbia in relation to the accident under

section 148.8 (3) of the Insurance (Vehicle) Regulation.

[en. B.C. Reg. 147/2022, Sch. 1, s. 3.]

Matters required to be proven and onus of proof

In a claim concerning a determination by the Insurance Company of British Columbia of the extent to which the initiating party is responsible for an accident, the initiating party has the onus of proving both of the following matters:

the Insurance Corporation of British Columbia acted improperly or unreasonably in assigning responsibility for the accident to the initiating party;

the extent to which the initiating party is responsible for the accident is less than the extent of responsibility assigned by the Insurance Corporation of British Columbia.

[en. B.C. Reg. 147/2022, Sch. 1, s. 3.]

[Provisions relevant to the enactment of this regulation: Civil Resolution Tribunal Act , S.B.C. 2012, c. 25, s. 93.]