This was an application to determine disposition of funds paid into court by ICBC to satisfy all claims against its Insured, the Defendant. Three parties had a claim to the funds, all of whom were injured in motor vehicle accidents for which the Insured was at fault. The funds available were not sufficient to satisfy all claimants; however, two of the claimants had recourse to their underinsured motorist protection (“UMP”) policies for the balance. The third was an infant and was more severely injured, and she did not have recourse for the balance to her UMP policy. Burnyeat J. held that while the usual assumption would be that the funds be paid out on a pro-rata basis to all parties with a valid claim, the legislation was silent on the issue and thus the court had discretion with respect to apportionment. The entirety of the amount held in court was paid out to the infant Claimant.
17. February 2004 0
Insurance Corp. of British Columbia v. Kushneriuk,  B.C.J. No. 281, British Columbia Supreme Court