10 Dec Moldovan v. ICBC

             The plaintiff appeals from the order of a Master made November 13, 2009 dismissing an application to add Republic Western Insurance Company (“RWIC”) as a defendant to this action, on the basis that the plaintiff failed to commence his claim against RWIC within two years as required by s. 103 of the Insurance (Vehicle) Regulation, B.C. Regulation 447/83, Part 7-Accident Benefits, made pursuant to the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231. The section reads:Limitation103(1) No person shall commence an action in respect of benefits under this Part unless(a) he has substantially complied with the provisions of sections 97 to 100 that are applicable to him, and(b) the action is commenced within 2 years after(i) the date of the accident for which the benefits are claimed,(ii) where benefits have been paid, the date he received the last benefit payment under this Part, or(iii) the date on which the corporation receives a notice under subsection (2).(2) If an insured makes a claim for benefits under this Part and the corporation has not made a payment in accordance with section 101, the insured may issue written notice to the corporation within 2 years of the date of the accident for which the benefits are claimed of the insured's intention to commence an action in respect of benefits under this Part.(3) A notice referred to in subsection (2) must be(a) in the form established by the corporation, and(b) sent by registered mail addressed to the claim office dealing with the insured's claim....