How has the court treated a motorist’s protection claim in the context of an amendment to the Insurance Regulation?

British Columbia, Canada


The following excerpt is from Buxton v. Tang, 2007 BCSC 1101 (CanLII):

Finally, in Kovacs v. I.C.B.C., [1994] B.C.J. No. 225 (S.C.), Meiklem J. discussed all three cases. He was considering a judicial review from an arbitrator’s decision. The petitioner had uninsured motorist’s protection coverage between August 17, 1987, to August 17, 1988. The injuries were sustained on June 30th, 1988, during the policy year. On January 1st, 1988, an amendment to the regulation came into force which allowed ICBC to deduct benefits. The court held that without specific language the amendment could not affect the current contract of insurance. The court distinguished Cowden on the basis that it was not addressing an amendment.

Other Questions


How have Canadian courts treated the private insurance exception in the context of property damage claims? (British Columbia, Canada)
How have the BCSC and other courts treated the issue of equalization in the context of the equalization claim? (British Columbia, Canada)
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
In a context of extensive state regulation, can premises where an activity subject to the specific regulation be reasonably protected? (British Columbia, Canada)
Does a medical report obtained by an employee of an insurance company under s.99 of the Insurance Regulation apply to a plaintiff's claim of benefits? (British Columbia, Canada)
How have courts treated the issue of fault or blameworthiness in the context of a negligence claim? (British Columbia, Canada)
How has the Court of Appeal treated future income loss claims in the context of the BCCA? (British Columbia, Canada)
Is the Chief Justice of the Court of Appeal of the Supreme Court of B.C holding that the Court has jurisdiction to determine whether a person who is not a party to a particular type of tortfeasor has a valid claim? (British Columbia, Canada)
In what circumstances will the Supreme Court in BCSC 871 interpret the principles of the Court of Appeal in the context of the Canadian Court of Justice's decision on the doctrine of common law? (British Columbia, Canada)
Can a personal representative of the deceased's estate make a claim under s. 151(3) of the BC Supreme Court of Justice for personal representative leave to continue to pursue his claim? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.