Landmark Decision: ICBC Slapped with a $350,000 Punitive Damages Penalty by a Supreme Court Judge

The British Columbia Supreme Court has ruled that people involved in car accidents “must be protected from abuses of power by ICBC”.

In the landmark decision of Aresnovski v. Bodin, 2016 BCSC 359, Madam Justice Griffin concluded that ICBC Special Investigator, John Gould, maliciously prosecuted Danica Arsenovski. Justice Griffin described Gould’s actions as a “perversion” of his office.

Mr. Gould was found to have knowingly laid false information with the police, alleging that Ms. Arvenovski had provided a “false statement” to ICBC with respect to a car accident in which she was involved. This false information led to Ms. Arvenovski’s arrest by the police and prosecution by the Crown, albeit unsuccessful. Mr. Gould went so far as to write to the federal immigration authorities with the intent of having Ms. Arsenovski deported.

Justice Griffin described ICBC’s witnesses and their evidence at various points in her written judgment as self-serving, rehearsed, cagey, arrogant, defensive, angry, disrespectful and haughty. The Judge determined that Mr. Gould had intentionally misstated the accounts of witnesses in his zeal to defeat Ms. Arsenovski’s claim.

In concluding that ICBC and John Gould had maliciously prosecuted Ms. Arsenovski, Justice Griffin emphasized that people injured in motor vehicle accidents “must be protected from abuses of power by ICBC and its SIU officers”. Justice Griffin ordered ICBC to pay Arsenovski $30,000 damages for emotional distress, her entire criminal defence legal bill and an additional $350,000 in punitive damages designed to punish ICBC and its employee for their shameful conduct.

Ms. Arsenovski’s experience unfortunately is not isolated. ICBC is not shy in going to extraordinary means, bordering on fraud, in an attempt to discredit car accident claimants. In particular, they take advantage of vulnerable people – new immigrants, such as Ms Arsenovski, and people unfamiliar with the legal process or who are culturally or financially disadvantaged. The problem is that most people who are treated in this manner by ICBC are afraid to take legal action.

If you know somebody who has been injured in a car accident, do him or her a huge favour: Advise them to seek a consultation with a lawyer at the very beginning of their ICBC case. At Cowley & Company, consultations are free and with no strings attached. Every car accident victim must have access to the information he or she needs to make informed decisions. Don’t let Mr. Gould and the other bullies at ICBC beat up your family members, friends and co-workers.