ICBC Pilot Project
OFFER TO ARBITRATE
In cases in which the Trial of a matter did not proceed on the scheduled trial date the Insurance Corporation of British Columbia (ICBC), on behalf of those that it insures, is prepared to agree to proceed to binding arbitration, provided that the Plaintiff accepts the terms and conditions contained in this Offer to Arbitrate (“Offer to Arbitrate”).
This Offer to Arbitrate, if accepted, will be part of a pilot project limited in scope to twenty-five litigated matters.
The binding arbitration will replace the filed action in the BCSC.
It is a term and condition of this Offer that:
1. The parties agree on an Arbitrator from a list designated by the Vancouver International Arbitration Centre (“VanIAC”);
2. An Arbitrator cannot award a total amount in excess of $200,000.00 exclusive of interest, costs, and VanIAC administration fees;
3. The parties agree that the following cost consequences with respect to the Arbitrator’s fee and Administration fees apply:
a. the Arbitrator’s fee and Administration fee will be shared equally if neither party makes a settlement offer (“Offer(s)”);
b. if the award falls between the parties’ Offers, the Arbitrator’s fee and Administration fee will be shared equally by the parties; and,
c. if the award is equal to or greater than the Plaintiff’s Offer, the Defendant(s) must pay the Arbitrator’s fee and Administration fee;
d. if the award is equal to or lower than the Defendant’s Offer, the Plaintiff must pay the Arbitrator’s fee and Administration fee;
4. The arbitration will be administered by VanIAC and conducted pursuant to VanIAC Expedited Rules and the Arbitration Act, S.B.C. 2020 c.2, as modified by this Offer to Arbitrate;
5. The Evidence Act, R.S.B.C. 1996 c. 124, including limits on number of experts and costs, apply mutatis mutandis to the arbitration proceedings;
6. Unless the parties agree otherwise, arbitration decisions are binding on all parties and that they may not appeal any question of law arising out of an arbitral award;
7. Costs and disbursements, except for the Arbitrator’s fee and Administration fee, will be determined in accordance with the BSCS Tariff of Costs. The Arbitrator will act as Registrar in the event parties cannot agree on the specific costs and disbursements;
8. Arbitrations will be completed in one day unless the arbitrator, in their sole discretion, determines that an additional half day is required to properly arbitrate the matter;
9. The parties agree on the following Arbitration hearing procedure:
a. direct evidence will be by sworn witness statements;
b. litigants sworn statements are limited to forty pages – exclusive of attached exhibits;
c. sworn witness statements of collateral witnesses are limited to ten pages – exclusive of attached exhibits;
d. if requested by a party, witnesses must be present for cross-examination;
e. time limits on cross examinations will be set by the arbitrator; and,
objections, opening and closing arguments will be written.
The arbitrator will provide a reasoned award, limited to 15 pages or less, within 30 days of the conclusion of the hearing.
The following Administrative Costs and Arbitrator Fees have been agreed on for the purpose of this pilot project:
• Administration Fee: Van IAC – $950.00 plus tax
• One day hearing fee – $11,000.00 plus tax
• Additional half day fee – $2,750.00 plus tax