In the case of Loft v. Nat, Simpson Thomas & Associates was successful in having a formal offer served by ICBC declared unreasonable. One reason for this finding was the fact that the formal offer made reference to a lien filed by FMEP with ICBC against the Plaintiff.
ICBC obtained leave to appeal this ruling on the basis that it was causing confusion with how FMEP liens in ICBC cases were to be handled. FMEP has also indicated they will seek leave to intervene. We will provide updates as we continue to litigate this issue.