A glimpse of some of the 480 (approx) cars written off as a result of the acid spills along the Trail highway in 2018. Photo: Trail Times

A glimpse of some of the 480 (approx) cars written off as a result of the acid spills along the Trail highway in 2018. Photo: Trail Times

ICBC ordered to keep paying storage fees for Trail acid-spill auto claims

ICBC paid more than 1.6M on cars written off by Trail acid spill, Judge orders insurer to continue

A B.C. Judge found that the Insurance Corporation of British Columbia (ICBC) is still on the hook for storage costs of vehicles written off by the acid spills in Trail in 2018.

ICBC applied to have more than 500 written off vehicles destroyed in order to ease the growing burden of expensive storage fees.

The 518 vehicles have been stored in Salmo since they were written after two acid spills in Trail in April and May of 2018.

The price for storing the vehicles has already cost ICBC more than $1.6M and is increasing by over $1,800 per day and more than $54,000 every month.

The defendants, Teck Metals Ltd., IRM (International Raw Materials Ltd.) and Westcan Bulk Transport Ltd., are accused of causing the damage to the vehicles after spilling hundreds of litres of acid along Hwy 3B in at least two different incidents.

Despite having more than two years to inspect the vehicles, the defendants argue that “there were inconsistencies in the manner in which the 519 vehicles were determined to be write-offs, and flaws in ICBC’s vehicle examination process.”

The defendants allege that ICBC’s vehicle assessment procedures were flawed, implicating that over 200 vehicles initially written off based on examinations conducted by ICBC adjusters were later found to have no trace of sulphuric acid in tests conducted by 30 Forensic, an independent multi-disciplinary forensics firm, and were deemed ‘false-positive’.

“Because the defendants have not yet had a reasonably informed opportunity to examine the 518 vehicles which are the subject of this ruling, I conclude that, at least at this point in the litigation, preservation of these vehicles is necessary for the defendants to obtain “full information or evidence” in connection with the live issues of causation and damages,” read the ruling of Justice Paul Riley.

The Judge ordered ICBC to continue to pay the storage costs until March 31, 2021 to enable the defendants to further review each case and examine the vehicles.

After March 31, the defendants have to agree to allow the vehicles to be destroyed or pay for their storage.

The Justice said ICBC could further recoup losses by claiming the expenses as damages in its pending case against the defendants.

ICBC

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Finn Lydon. Photo: Submitted
UPDATE: Winlaw boy reported missing has been found

Finn Lydon was was located last evening

Dr. Albert de Villiers, Chief Medical Health Officer for the Interior Health Authority. (Contributed)
‘People need to start listening’: IH top doc combats COVID-19 misconceptions

Dr. Albert de Villiers says light at the end of the tunnel will grow in step with people’s adherence to PHO guidance

(File)
One death and 82 new cases of COVID-19 in Interior Health

1,981 total cases, 609 are active and those individuals are on isolation

Youth Climate Corps members April Gariepy, Summer Monkman and Linn Murray at work in West Arm Provincial Park, fall 2020. Photo: Submitted
Youth Climate Corps members April Gariepy, Summer Monkman and Linn Murray at work in West Arm Provincial Park. fall 2020. Photo submitted
VIDEO: Kootenay youth climate group works to protect Nelson’s water supply

Youth Climate Corps members spent five weeks thinning forest in West Arm Park

Interior Health has set up a drive-thru COVID-19 testing site in Castlegar. Photo: Betsy Kline
Castlegar doctors and mayor urge residents to take COVID-19 seriously as cases are confirmed in the city

“Your doctors would like you to understand we do now have Covid cases here”

Boundary Community Food Bank President Mike Wakelin thanked Grand Forks’ first-responders and city employees who donated food last week. Photo: Laurie Tritschler
Boundary Food Bank see recent uptick in clients after CERB runs out

President Mike Wakelin said demand plummeted while the benefit was available to working Canadians

Melissa David, of Parachutes for Pets and her dogs Hudson and Charlie are trying to raise money for a homeless shelter that will allow pets and are seen in Calgary, Alta., Thursday, Feb. 6, 2020.THE CANADIAN PRESS/Jeff McIntosh
‘My only wish:’ Children asking pet charity to help their furry friends at Christmas

Parachutes for Pets says it has received 14 letters from children in the last week t

Melissa Velden and her chef-husband Chris Velden, stand in their dining room at the Flying Apron Inn and Cookery in Summerville, N.S. on Friday, Nov. 20, 2020. The couple is hosting holiday parties with appropriate distancing and other COVID-19 health protocols in place at their restaurant. THE CANADIAN PRESS/Andrew Vaughan
Celebrities, Santa and Zoom part of office holiday parties being held amid COVID-19

Many will send tokens of appreciation to workers or offer time off or cash

Richard Reeves examines a painted film strip in his home studio. Photo: Aaron Hemens
PHOTOS: Pandemic inspires creativity for Creston animator Richard Reeves

For more than 30 years, Richard Reeves has been creating abstract animated short-films by drawing and painting images onto strips of film.

Good Samaritan Mountainview Village located at 1540 KLO Road in Kelowna. (Good Samaritan Society)
First long-term care resident dies from COVID-19 in Interior Health

Man in his 80s dies following virus outbreak at Mountainview Village

A demonstrator wears representations of sea lice outside the Fisheries and Oceans Canada offices in downtown Vancouver Sept. 24, demanding more action on the Cohen Commission recommendations to protect wild Fraser River sockeye. (Quinn Bender photo)
First Nations renew call to revoke salmon farm licences

Leadership council implores use of precautionary principle in Discovery Islands

Ten-month-old Aidan Deschamps poses for a photo with his parents Amanda Sully and Adam Deschamps in this undated handout photo. Ten-month-old Aidan Deschamps was the first baby in Canada to be diagnosed with spinal muscular atrophy through Ontario’s newborn screening program. The test was added to the program six days before he was born. THE CANADIAN PRESS/HO, Children’s Hospital Eastern Ontario *MANDATORY CREDIT*
First newborn tested for spinal muscular atrophy in Canada hits new milestones

‘If Aidan had been born any earlier or anywhere else our story would be quite different’

(Pixabay)
Canadians’ mental health has deteriorated with the second wave, study finds

Increased substance use one of the ways people are coping

Most Read