⚖️ Return to the 6-year statutes - Call for Access to Justice ⚖️

The 2013/2021 Gap:
Before June 1, 2013: The old system had a 6-year limitation period when a claimant had a lawyer. The 2013 change "standardized" almost all civil claims to a strict 2-year countdown. 

This limited 2 year statues was not changed 2021 leaving injured laypersons struggling with injuries without the legal support they need through their claims and care process while ICBC and medical entities are simultaneously withholding the very information a claimant needs the ability to review and correct not only -before- ICBC relies upon them to determine their supports but the time to go through, have the time to correct any inaccuracies whether through the provider or ICBC and potential need to bring to the OIPC which has long waits, before their ICBC internal operational claim file is presented to the CRT. 

Yet, during this 2 year time while the injured layperson are left struggling on their own with no legal support to oversee their care and claim process, ICBC has their own lawyers and paid IME/CMA Dr's leaving the injured with no fair recourse to aid in rebutting their injury claim. 

The Evidentiary Race:

Because claimants often cannot access their full records before the CRT process begins, a process designed for "accessible, speedy, economical" dispute resolution, its mandate is to adjudicate based on evidence, not to act as a regulatory body that forces the correction of underlying medical records.

The injured are misled and forced into a process that makes binding decisions without even knowing what errors are in their ICBC internal operational claim file. 

Many injured laypersons are unaware of the 'Correction Blind Spot': The CRT is designed to make binding decisions on the evidence presented, not to correct or rectify the underlying medical records.

If a claimant misses the 2-year window, a tribunal or court may dismiss the claim regardless of its merit. This creates a situation where the clock is ticking while the evidence (medical records, internal files) is still being retrieved or corrected through slow-moving administrative channels, may not even have or know there's information they haven't been provided, or know they should have.

By the time the CRT process begins, they have insufficient time to identify or challenge errors for the factual corrections needed thought the OIPC or medical board before a final, binding decision is rendered.

The Access-to-Justice Paradox: 
The current 2-year CRT Statute of Limitations is fundamentally incompatible with the 1-year+ wait times for OIPC and FOI record can effectively consume half or more of the 2-year limitation period. 

Yet there's also only 1 year for Human Rights and 2 years for Bad Faith Claims.

Injured laypersons struggling with injuries to simply get through their day, dealing with a medical system under strain. while additionally being left to also manage their own complex taxing claims process meant for trained injury lawyers and insurance adjusters, are additionally being "timed out" of justice.

No citizen should lose their right to justice because of systemic gaps in the system.

This 2021 system is effectively stripping claimants from the very beginning of their right to a fair hearing. 
 
These are Serious Public Security Medical-Legal Concerns being ongoing overlooked that results in a permanent loss of access to justice.

• No to Bill 9 / Section 9
  The "Baking In" of Errors Section 9 enables centralized data-sharing via "connected service providers" that bypasses the claimant. Without direct, real-time access to these portals for pre-payment verification, incorrect or biased data is "baked into" your official file before you ever see it. By the time you find the error, ICBC has already relied on it to deny your supports, and the CRT will treat this tainted file as the "final" evidence. This isn't efficiency; it's the systemic automation of inaccuracy.

Return to the 6-year statutes.

• Shut open access to ICBC's vendor Portal System and directly provide all submissions directly to claimants for verification and review -before payment and implemented to be relied upon.

(This also reduces the need for expensive, time consuming bureaucratic appeals (like OIPC) later, saving the taxpayer money and reducing the "bloated" public service.)

• Bring Back the Right to Sue careless drivers causing hard and affecting people's lives.  Justice must protect all those whose lives are shattered by injuries not easily seen, such as spinal, nerve injuries, and other injuries that affect daily functioning. These injuries don't follow a 2-year clock, and they shouldn't be trapped in a 'minor injury' formula.

• Bring back independent legal oversight over the Claims and Care Process. Stop the conflict of interest where ICBC acts as the insurer, the doctor, and the judge. Millions of British Columbians lack a family doctor, and are being left defenseless against ICBC’s "paper reviews" and paid medical opinions. We demand a system with independent, non-ICBC medical-legal advocates for everyone—especially those without a doctor. No injured person should be forced to fight a billion-dollar corporation alone; patient autonomy must be protected by advocates who protect the rights of the patient, not to ICBC’s bottom line.

Call for Access to Justice ⚖️

Together We Can Make Change.
SAGE🌿

Disclaimer: This post represents my personal opinions and observations as an injured person struggling and experiences within this system. It is intended for informational and advocacy purposes only and does not constitute legal, medical, or professional advice. Readers should consult with a qualified legal professional regarding their specific circumstances. While efforts are made to ensure the accuracy of the information presented, laws and policies change frequently; always verify information through official sources like BC Laws or the Civil Resolution Tribunal.