Conduct in case is deemed reprehensible and high-handed
A woman has picked up almost $400,000 after a judge in British Columbia came to the decision that she had “experienced the wrath” of the insurance corporation in the province.
As part of a written release, Susan Griffin, the Supreme Court Justice, outlined that British Columbia’s Insurance Corporation has conducted itself in a reprehensible and high-handed manner, and is liable for malicious prosecution.
The woman in the case was Danica Arsenovski, who had come from Canada as a refugee from the former Yugoslavia with her husband. He was hit by a car as they crossed an intersection in Burnaby back in January, 2000. Following the crash, Arsenovski gave her statement to ICBC via a translator due to her lack of English.
In the statement details were given about her memory of the crash and the injuries received – but there was no specific statement about whether or not Arsenovski had actually been hit by the car or whether she had fallen as her husband was hit prompting him to fall into her. At a later point she was charged for producing a false statement.
However, in her report, Griffin outlined that ICBC investigator John Gould had produced a misleading report and that it intended to dissuade any potential civil claims against the insurance agency. His report suggested that Arsenovski had “clearly” made a false statement – but the judge believes Gould “cherry picked” evidence and misstated what had been said. In addition, she suggested that Gould had also encouraged agencies to take action on Arsenovski.
Griffin claimed that Gould had “pursued Mrs Arsenovski with a vengeance” and that the effects of the experience had stayed with her.
As a result, she awarded $387,225.34 to Arsenovksi in costs and damages.
As part of a written release, Susan Griffin, the Supreme Court Justice, outlined that British Columbia’s Insurance Corporation has conducted itself in a reprehensible and high-handed manner, and is liable for malicious prosecution.
The woman in the case was Danica Arsenovski, who had come from Canada as a refugee from the former Yugoslavia with her husband. He was hit by a car as they crossed an intersection in Burnaby back in January, 2000. Following the crash, Arsenovski gave her statement to ICBC via a translator due to her lack of English.
In the statement details were given about her memory of the crash and the injuries received – but there was no specific statement about whether or not Arsenovski had actually been hit by the car or whether she had fallen as her husband was hit prompting him to fall into her. At a later point she was charged for producing a false statement.
However, in her report, Griffin outlined that ICBC investigator John Gould had produced a misleading report and that it intended to dissuade any potential civil claims against the insurance agency. His report suggested that Arsenovski had “clearly” made a false statement – but the judge believes Gould “cherry picked” evidence and misstated what had been said. In addition, she suggested that Gould had also encouraged agencies to take action on Arsenovski.
Griffin claimed that Gould had “pursued Mrs Arsenovski with a vengeance” and that the effects of the experience had stayed with her.
As a result, she awarded $387,225.34 to Arsenovksi in costs and damages.
