David Eby, Attorney General and Minister Responsible for Housing, has released the following statement about the Province’s decision to apply for a partial stay of proceedings with respect to the B.C. Supreme Court’s recent decision about Civil Resolution Tribunal (CRT) jurisdiction over motor vehicle injury disputes:
“The Province will apply for a partial stay of the declaration granted by the B.C. Supreme Court, pending its appeal of the recent decision of the B.C. Supreme Court to declare sections 133 (1) (b) and (c) of the Civil Resolution Tribunal Act unconstitutional and no longer in effect.
“This application seeks to allow the CRT to resolve existing motor vehicle injury disputes that happened on or after April 1, 2019, and were in the CRT’s process at the time of the judgment. These claims are presently on hold following the Supreme Court’s March 2, 2021, decision. The partial stay, if granted, would also allow new claimants to file in the CRT if they choose to do so, although they will also have the option to file in court.
“When we made the changes to the legislation, we made it so those who are injured in motor vehicle accidents can use the CRT to resolve their lower-value disputes in a timely and fair manner.
“The CRT is an independent tribunal, which has been in place for years and fairly resolved thousands of disputes, including small claims and strata property disputes.
“The decision does not affect the CRT’s upcoming jurisdiction over enhanced care benefits and will not impact the COVID-19 rebates or reductions in rates effective May 1, 2021.”