2018 Fall Q5: Injury Compensation Differences (BC v. Ontario)

chrisboersmachrisboersma
in ICBC.Affordable

Where is the answer from this question coming from?

Anyone who works on Ontario Auto products would know that "TPL" is included in the premiums and it is materially significant cost. Whether BC pays more than Ontario in TPL would be an interesting discussion, but it's not specially spoken about. I wont comment on the "public" vs. "private" components to this answer - because those are not really part of a "injury compensation system" (a system should be the regulations that create processed for reimbursing injuries).

Question 5

Contrast the current automobile injury compensation system in British Columbia with the one in Ontario

Marshall Executive Summary

Sample 1 [is "the" = "no" here?]:

  • In British Columbia, auto insurance is litigation based.
  • In Ontario, there's the [sic] recourse to sue an at-fault driver.

Sample 2:

  • In British Columbia, not-at-fault drivers can sue at-fault drivers.
  • Ontario auto insurance has the no-fault system.

This is contrary to what is clearly a tort case in Ontario: Belanger v. Sudbury

The closest discussion about a comparison was on page 92 of EY [not part of syllabus]

In BC and in many other schemes in Canada and around the world, there is a mix of both litigation- and care-based models. In BC, the benefit mix is more weighted to a litigation-based model, while in other schemes in Canada (e.g., Ontario) and overseas (e.g., Victoria and the 2017 scheme in NSW, Australia) the model is more weighted towards a care-based model

There are certainly differences:
1. SABS benefits - not part of exam
2. catastrophic injury benefits (paid via TPL or underinsured motorist coverage in BC)
3. non-pecuniary loss deductible ($37,500) - not part of exam
4. Selection of limits for accident benefits
5. 5. subrogation regulations - not part of the exam.

for the most part BC and Ontario are quite similar (although due to no subrogation by insurer the results are a little different). These sorts of questions just confuse the subjects.

https://diamondlaw.ca/blog/how-does-ontario-no-fault-insurance-affect-your-right-to-sue

Comments

  • grahamgraham

    I've read elsewhere that the sample answers, which are supposedly actual candidate response, are not always full-credit answers. I don't know for sure but if that's the case, it isn't very helpful.

    Even if the "the" was really meant to be "no" in the first sample answer, it still wouldn't be correct since there is recourse to sue, even in ON. The point is that ON places greater emphasis on no-fault benefits whereas BC emphasizes litigation.

    Anyway, the grading was apparently not very strict for this question. It seems like if you used the word litigation when describing BC, and the word no-fault when describing ON, they probably gave you credit.

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