A man who sought $750,000 in damages as a result of a motor vehicle accident has been awarded $5,627.
The case before B.C.’s Civil Resolution Tribunal involved a Feb. 13, 2021 motor vehicle accident between Amin Jivraj and Gilbert del Palaganas.
Jivraj filed two disputes about the same motor vehicle accident, the Nov. 7 decision from an unnamed tribunal member said.
In one, he claimed damages from ICBC. In the second, he asked the tribunal to determine whether their injuries were minor under the Insurance (Vehicle) Act and also asked for damages for personal injury and confirmation of the insurer’s liability finding.
Jivraj said he was injured in the accident, sustaining a concussion, whiplash, pain in his neck, shoulder, and back and a cognitive disorder.
He said the injuries were not minor and sought $750,000 in damages, including $150,000 in non-pecuniary (pain and suffering) damages, $75,000 for past income loss, $250,000 for future income loss, $25,000 for future care costs, and $250,000 for retraining or education costs.
Del Palaganas, represented by ICBC, said Jivraj’s injuries were minor and argued any entitlement to non-pecuniary damages is limited to $5,672, the minor injury cap.
He also said Jivraj had not proved his injuries or entitlement to income loss benefits.
Del Palaganas did not dispute he was responsible for the accident.
“ICBC determined Mr. Jivraj was not liable for the accident,” the tribunal ruled, dismissing the request for a liability determination as moot.
The tribunal member said the problem with Jivraj’s claims is that he “provided no evidence, submissions, or argument for these claims.”
The decision said Jivraj asked for multiple extensions to file submissions and evidence and missed all of them. When he requested a sixth extension, he was denied.
The tribunal denied the bulk of Jivraj’s claims except for the non-pecuniary damages one.
“For accidents between April 1, 2020, and April 30, 2021, which includes this accident, the applicable limit is $5,627,” the tribunal decision said.
