Civil Resolution Tribunal Minor Injury Determinations Unconstitutional

The Honourable Chief Justice Hinkson has ruled that some sections of the governing act concerning minor injury jurisdiction are unconstitutional. The Province’s response will be interesting.

[414]     I will therefore accede to the plaintiffs’ request, in part, and grant an order declaring that ss. 133(1) (b) and (c) of the CRTA are unconstitutional and of no force or effect. I also declare that s. 16.1 is unconstitutional and should be read down insofar as it applies to accident claims, except for determination of accident benefits under s. 133(1)(a). I decline to grant any order with respect to the Accident Regulations associated therewith.

Source: 2021 BCSC 348 Trial Lawyers Association of British Columbia v. British Columbia (Attorney General)