Madden v. ICBC, [2002] B.C.T.C. 1285 (SC)
| Judge | Martinson, J. |
| Court | Supreme Court of British Columbia (Canada) |
| Case Date | September 03, 2002 |
| Jurisdiction | British Columbia |
| Citations | [2002] B.C.T.C. 1285 (SC);2002 BCSC 1285 |
Madden v. ICBC, [2002] B.C.T.C. 1285 (SC)
MLB headnote and full text
Temp. Cite: [2002] B.C.T.C. TBEd. SE.075
Christopher Ross Madden and Barry McKenzie Madden (plaintiffs) v. Insurance Corporation of British Columbia (defendant)
(S005120; 2002 BCSC 1285)
Indexed As: Madden v. Insurance Corp. of British Columbia
British Columbia Supreme Court
Vancouver
Martinson, J.
September 3, 2002.
Summary:
This headnote contains no summary.
Insurance - Topic 3307
Payment of insurance proceeds - Actions - Defences - Misrepresentation in application - See paragraphs 24 to 60.
Insurance - Topic 5006.2
Automobile insurance - Compulsory government schemes - General - Collector vehicle defined - See paragraphs 24 to 60.
Insurance - Topic 5017
Automobile insurance - Compulsory government schemes - Liability coverage - Collector vehicle - Use restrictions - See paragraphs 24 to 60.
Cases Noticed:
Patterson and Perry v. Gallant, [1994] 3 S.C.R. 1080; 174 N.R. 380; 125 Nfld. & P.E.I.R. 1; 389 A.P.R. 1, refd to. [para. 24].
Bell ExpressVu Limited Partnership v. Rex et al. (2002), 287 N.R. 248; 166 B.C.A.C. 1; 271 W.A.C. 1; 212 D.L.R.(4th) 1 (S.C.C.), refd to. [para. 26].
Gill v. Insurance Corp. of British Columbia, [1989] I.L.R. 1-2529 (B.C.S.C.), refd to. [para. 30].
Consolidated-Bathurst Export Ltd. v. Mutual Boiler and Machinery Insurance Co., [1980] 1 S.C.R. 888; 32 N.R. 488; 112 D.L.R.(3d) 49; [1980] I.L.R. 1-1176, refd to. [para. 35].
Hudson v. Insurance Corp. of British Columbia (1991), 8 B.C.A.C. 13; 17 W.A.C. 13; 57 B.C.L.R.(2d) 183 (C.A.), refd to. [para. 56].
Statutes Noticed:
Motor Vehicle Act Regulations (B.C.), Motor Vehicle Act Regulations, Reg. 26/58, sect. 22A.01(1) [para. 25].
Authors and Works Noticed:
Brown, Craig, and Menezes, Julio, Insurance Law in Canada (Looseleaf), vol. 1, p. 7-14 [para. 47].
MacGillivray, Insurance Law (9th Ed. 1997), c. 17 [para. 30]; para. 10-73 [para. 57].
Counsel:
R.D. Bellamy, for the plaintiffs;
J.D. James, for the defendant.
This action was heard on June 11, 12 and 13, 2002, before Martinson, J., of the British Columbia Supreme Court, who delivered the following decision on September 3, 2002.
Please note: The following judgment has not been edited.
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Bolen v. Insurance Corp. of British Columbia, [2006] B.C.T.C. Uned. D73
...that was done in that company since the policy was first purchased in April 2000. [54] In Madden v. ICBC (2002), 5 B.C.L.R. (4th) 179 , 2002 BCSC 1285, the plaintiffs had insured their vehicle under ICBC's Collector Vehicle Program. The program had a number of specific requirements regardi......
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Action Adventures Ltd. v. Lloyd's Underwriters et al., 2007 BCSC 321
...material to the contract requires notification. The court dismissed the claim. [95] In Madden v. Insurance Corp. of British Columbia , 2002 BCSC 1285, a claim for insurance coverage was dismissed because the insured breached the terms of the policy by failing to maintain the insured vehicle......
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Bolen v. Insurance Corp. of British Columbia, [2006] B.C.T.C. Uned. D73
...that was done in that company since the policy was first purchased in April 2000. [54] In Madden v. ICBC (2002), 5 B.C.L.R. (4th) 179 , 2002 BCSC 1285, the plaintiffs had insured their vehicle under ICBC's Collector Vehicle Program. The program had a number of specific requirements regardi......
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Action Adventures Ltd. v. Lloyd's Underwriters et al., 2007 BCSC 321
...material to the contract requires notification. The court dismissed the claim. [95] In Madden v. Insurance Corp. of British Columbia , 2002 BCSC 1285, a claim for insurance coverage was dismissed because the insured breached the terms of the policy by failing to maintain the insured vehicle......