In this ICBC sues Langley lawsuit (Simon v. McKinlay, 2013 BCSC 674) the injury claimant was a passenger injured in a single vehicle car accident on River Road in Langley. The car drove into in a ditch resulting in serious injuries including a brain injury. The driver was charged criminally with impaired driving causing bodily harm. However, the absence of road lines and the inability to view the roadway ahead created a hazard.
The Insurance Corporation of British Columbia, ICBC, did not take legal action against the City of Langley but then applied to name Langley in the lawsuit. ICBC said that their delay was due to serious injuries that were sustained by the paralegal in charge of this file resulting in him being away from work and as a result ICBC inadvertently missed the time for filing a third party notice against Langley. Langley said there had been prejudice to it because of the failure to give timely notice.
The Court concluded that ICBC could add Langley as a party to the personal injury claim and that the limitation in s. 286 of the Local Government Act does not bar a third party claim by ICBC because of the provisions of the Limitation Act, s. 4(1)(b). Even if the limitation had expired as between the injury claimant and Langley that is not a bar to the claims ICBC have to an independent right of contribution.
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.
