What is the test for obtaining a stay of a claim for no fault benefits under a personal injury insurance policy?

British Columbia, Canada


The following excerpt is from Jevco Insurance Co. v. Barry Drews and Insurance Corporation of British Columbia, 2003 BCSC 721 (CanLII):

First, one must look at the policy manifest in the various regulations. I am guided in this by the observations, although obiter, of Esson J.A. in Shannon v. Insurance Corporation of British Columbia, [1996] B.C.J. No. 2213, (B.C.C.A.) at para. 7: It is not necessary for the purposes of this appeal, which is concerned only with the issue of a stay, to delve deeply into those provisions, but it is enough to say that the general scheme of the legislation in the various provinces which have it is to the effect that, where the limits of coverage or other terms required by law are more favourable in the province in which the accident takes place, then the claimant, whether under a liability insurance policy or a no fault provision, will be entitled to those superior benefits even though they are not provided for in the coverage in the policy.

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