Automobile insurance - Fraud - Statutory provisions - Theft of vehicle - Evidence - False statements
October 2007R. v. Fortier
[2007] B.C.J. No. 1882
British Columbia Provincial Court
Dyer Prov. Ct. J.
August 8, 2007
The Accused was found guilty of providing information to ICBC that he knew or ought to have known was false or misleading after the Court determined that the Accused’s statement that he went into a movie theatre to watch a certain film was false.
The Accused was charged pursuant to s. 42.1(2) of the Insurance (Motor Vehicle) Act (the “Act”) with providing to ICBC, information with respect to a claim that he knew or ought to have known was false or misleading. The charge revolved around a report made by the Accused, Mr. Fortier, to ICBC on August 24-26, 2004, that his vehicle had been stolen near the Harris Road Cinema on the evening of August 26, 2004.
The Accused gave a statement to ICBC in which he said, inter alia, that on August 24, 2004, he parked his vehicle in the parking lot of the Harris Road Cinema after which he and his girlfriend went into the movie theatre to watch the movie, “Alien vs. Predator”. When they returned to the vehicle, it was gone. The Crown called evidence that the movie, “Alien vs. Predator” was not playing on the date in question. The Court found that the Accused’s statement that he went into the movie theatre on August 24th to watch the film was false and that the Accused knew it was false.
The sole issue was whether the false statements were material for the purposes of section 42.1(2) of the Act. The Court cited Brown v. ICBC, 2004 BCCA 254, concerning the materiality of statements made to an Insurer. What is significant is whether the false statement is capable of affecting the Insurer’s mind as to the management or payment of the claim.
In this case, the Court found that if the report to ICBC had been other than a theft and the value of the vehicle had been sought to be paid, less arduous investigation would have been conducted. The false statements made knowingly by the Accused to ICBC were therefore material. Accordingly, the Accused was found guilty of the charge.
This case was digested by Harper Grey Associate Steve Vorbrodt and edited by Partner David Pilley.
