Lost In Interpretation: Insurance Claim Arbitration Muddies The Effect Of Clear Provincial Statutory Language

S.A. (Re), 2020 BCSC 1323 is relevant less for its underlying issues than for its potential impact on the ability of a court to impose a public policy analysis in the interpretation of otherwise unambiguous statutory language. This is potentially relevant in both B.C. and Alberta, where recent legislation has introduced significant changes to the provincial motor vehicle insurance regimes.

The Saga of S.A. v. ICBC

On November 8, 2004, S.A. was the occupant of a parked truck owned by his employer when the truck was struck by a vehicle that itself had been struck by an oncoming vehicle driven by an uninsured motorist in a high-speed police chase. The uninsured motorist was killed. S.A. was seriously injured and became permanently disabled.