July 4, 2011-This uninsured car accident (Pierre v. Miller, 2010 BCSC 812 ) occurred on a road known and marked as the Finlay Forest Service Road. The applicant ICBC argued that the Finlay Forest Service Road fell within the Forest Act definition because it is declared to be a forest service road and because it was constructed or maintained by the Minister of Forests. The injury claimant however, provided evidence that the Finlay Forest Service Road is well used by the public and provides the only road link to sizable first nations communities at Tsay Keh Dene and Fort Ware as well as several park and recreational areas.
The Court concluded that the Finlay Forest Service Road falls within category (b) in the Forest Act definition of forest service road and is therefore not a highway. It follows that the defendant is not an uninsured motorist and ICBC was awarded costs of the application. At the time of the posting of this article this case was good law and had not been considered or overturned. Posted By personal injury lawyer Mr. Renn A. Holness
Issue: Should the law be changed to allow these types of claimants to be covered by car accident insurance?