The order handed down from the B.C. Supreme Court earlier this month that ICBC compensate a recently-arrived refugee for malicious prosecution to the tune of $400,000 may be toppled if the insurance corporation has its way.
Notice has been filed that the ICBC is asking the judgement that awarded Danica Arsenovski of nearly $400,000 be set aside.
According to an appeal notice filed in the B.C. Court of Appeal late last week, the ICBC is looking for the action to be dismissed and a new trial ordered.
Supreme Court Justice Susan Griffin had harsh words for the ICBC Supreme Court Justice when she handed down her decision, writing that the conduct of the Insurance Corporation of British Columbia had been high-handed and reprehensible.
In her decision Griffin said that an investigator in the case wrote a misleading report to the Crown with the intention of dissuading civil claims against the insurance agency.
She went on to write that one of the agency's key purposes is to provide compensation to people who are involved in accidents.
"The corporation does not serve the residents of this province when it uses tactics of intimidation to discourage civil claims," she wrote.
Griffin also damned ICBC’s investigator in her judgement for the “
vengeance” with which he pursued Arsenovski.
