FMEP LIENS ON ICBC CLAIMS

For those that have followed Loft v. Nat on the Family Maintenance Enforcement issue, the Court of Appeal has now clarified the law in this area. First off, we are pleased to say that the Court of Appeal dismissed ICBC’s appeal against the finding that their formal offers were invalid, such that their formal offers had no bearing on costs, and our client therefore received his full costs for this case. On the larger and broader issue that was causing much debate in the legal community, the Court of Appeal confirmed that FMEP liens on ICBC tort claims are valid attachments. For a more complete review of this area we encourage you to read the full Court of Appeal decision.