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

Just Posted

Area A Director Ali Grieve (right), Village of Fruitvale Mayor Steve Morissette (front), and Village of Montrose Mayor Mike Walsh (left) held a congratulatory ceremony for Beaver Valley students who are part of the Class of 2021 graduates of J. L. Crowe Secondary at Beaver Creek Park on Thursday. Photo: Jim Bailey
Beaver Valley Grads of 2021

Beaver Valley mayors, RDKB Area A director celebrate their 2021 graduates with gift ceremony

Adrian Moyls is the Selkirk College Class of 2021 valedictorian and graduate of the School of Health and Human Services. Photo: Submitted
Selkirk College valedictorian proves mettle in accomplishment

Adrian Moyls is a graduate of the School of Health and Human Services

A volunteer delivers food to families as part of a West Kootenay EcoSociety program. Photo: Submitted
Farms to Friends delivers 2,500th bag of food to families in need

The program services communities in the Nelson, Trail and Castlegar areas

Selkirk College has begun its search in earnest for a leader to replace president Angus Graeme who is set to retire from his position in May 2022. Photo: Submitted
Selkirk College seeks community input for president search

Current president Angus Graeme retires next year

A report shows nine West Kootenay communities are have more low-income persons than the provincial average. File photo
Study casts new light on poverty in the West Kootenay

Nine communities in region have more low-income residents than provincial average

Marco Mendicino, Minister of Immigration, Refugees and Citizenship during a press conference in Ottawa on Thursday, May 13, 2021. THE CANADIAN PRESS/Sean Kilpatrick
Canada to welcome 45,000 refugees this year, says immigration minister

Canada plans to increase persons admitted from 23,500 to 45,000 and expedite permanent residency applications

This undated file photo provided by Ernie Carswell & Partners shows the home featured in the opening and closing scenes of The Brady Bunch in Los Angeles. Do you know the occupation of Mike Brady, the father in this show about a blended family? (Anthony Barcelo/Ernie Carswell & Partners via AP, File)
QUIZ: A celebration of dad on Father’s Day

How much do you know about famous fathers?

Emily Steele holds up a collage of her son, 16-year-old Elijah-Iain Beauregard who was stabbed and killed in June 2019, outside of Kelowna Law Courts on June 18. (Aaron Hemens/Capital News)
Kelowna woman who fatally stabbed teen facing up to 1.5 years of jail time

Her jail sentence would be followed by an additional one to 1.5 years of supervision

Cpl. Scott MacLeod and Police Service Dog Jago. Jago was killed in the line of duty on Thursday, June 17. (RCMP)
Abbotsford police, RCMP grieve 4-year-old service dog killed in line of duty

Jago killed by armed suspect during ‘high-risk’ incident in Alberta

The George Road wildfire near Lytton, B.C., has grown to 250 hectares. (BC Wildfire Service)
B.C. drone sighting halts helicopters fighting 250 hectares of wildfire

‘If a drone collides with firefighting aircraft the consequences could be deadly,’ says BC Wildfire Service

A dose of the Pfizer-BioNTech COVID-19 vaccine is pictured at a vaccination site in Vancouver Thursday, March 11, 2021. THE CANADIAN PRESS/Jonathan Hayward
NACI advice to mix vaccines gets varied reaction from AstraZeneca double-dosers

NACI recommends an mRNA vaccine for all Canadians receiving a second dose of a COVID-19 vaccine

A aerial view shows the debris going into Quesnel Lake caused by a tailings pond breach near the town of Likely, B.C., Tuesday, Aug. 5, 2014. THE CANADIAN PRESS/Jonathan Hayward
Updated tailings code after Mount Polley an improvement: B.C. mines auditor

British Columbia’s chief auditor of mines has found changes to the province’s requirements for tailings storage facilities

A North Vancouver man was arrested Friday and three police officers were injured after a 10-person broke out at English Bay on June 19, 2021. (Youtube/Screen grab)
Man arrested, 3 police injured during 10-person brawl at Vancouver beach

The arrest was captured on video by bystanders, many of whom heckled the officers as they struggled with the handcuffed man

Most Read