Supreme Court of Canada upholds decision in insurance quagmire case

ICBC must pay the medical bills of American family injured in head-on collision in BC.

Vancouver Sun, November 28, 2004

John Cameron was counsel for a family who was seriously injured when their car was hit head-on while visiting BC from Idaho. The family was eventually burdened by approximately $100,000 in medical expenses.
The US insurance company paid the family the modest amount of $5,000 (US) provided by the US policy. The insurance company for the driver who caused the accident, ICBC, refused to make up the difference, and told the family that they should be suing the US insurance company. The US insurance company actually started a court action itself against the injured family, seeking a court order that the $5,000 was all that the family was entitled to.
The family was facing a real battle and caught between the two large insurance companies.
In the end, the family proceeded here in BC for an order that the medical expenses be paid by ICBC on behalf of the driver who caused the accident.
Mr Cameron was counsel for the family at BC Supreme Court, where he succeeded in obtaining an order that ICBC pay the medical expenses plus court costs. The case was appealed to the BC Court of Appeal where Mr. Cameron again successfully obtained judgment for the family plus appeal costs.
ICBC submitted the case to the Supreme Court of Canada for review and the Supreme Court of Canada refused to hear the appeal and ordered costs of the appeal payable to the family.

Read the complete court judgement of the Court of Appeal