Motor Vehicle Accident Cases in Provincial Court

Claims arising from motor vehicle accidents are now usually dealt with in the Civil Resolution Tribunal or Supreme Court of British Columbia, depending on the amount and type of the claim. See their websites for more information.

However, the Provincial Court of British Columbia’s Small Claims Court may deal with claims related to motor vehicle accidents in some circumstances, such as:

1. Accidents occurring before April 1, 2019
The Provincial Court continues to hear any cases involving accidents that occurred before April 1, 2019 where the claim is for $5,001 to $35,000.

2. When CRT refuses to resolve the claim
The Provincial Court may hear accident claims for up to $35,000 that are within the CRT’s jurisdiction if the CRT decides not to give an initiating notice, declines jurisdiction or refuses to resolve the claim.

3. When Provincial Court orders an exemption
As in CRT small claims matters, parties may apply to have personal injury accident claims for up to $35,000 exempted from the CRT in certain circumstances set out in section 16.2 of the Civil Resolution Tribunal Act.

4. Enforcement of a CRT order or decision
A negotiated consent order or final decision of the CRT for up to $35,000 may be filed with the Provincial Court for enforcement. Once a CRT order is filed with the Provincial Court, it has the same force and effect as a Provincial Court judgment, and may be enforced using the same procedures.

5. Stay or dismissal of Provincial Court proceedings
Sections 16.1 and 16.3 of the Civil Resolution Tribunal Act set out circumstances in which a Provincial Court judge must stay or dismiss certain matters in a proceeding that are within the CRT’s jurisdiction.

6. Certain provisions of the Insurance (Vehicle) Act
The Provincial Court also continues to have jurisdiction in claims under these sections of the Insurance (Vehicle) Act:

• section 18 (2) (financial responsibility in other provinces);
• section 42.1 (offence);
• section 68 (relief from forfeiture);
• section 77 (2), (8) and (9) (rights of insurer);
• section 78 (payment of insurance money into court); and
• section 79 (defence if more than one contract).

See the Civil Resolution Tribunal Act.

This website provides general information only and should not be used as legal advice.

Updated or reviewed April 2019