CASE LAW - Jackson v ICBC
Russell Jackson was stopped by police when driving a vehicle in Ladysmith, B.C. He produced a Mexican driver's licence to the officer, but it was not accepted. He was ticketed for driving without a valid driver's licence and the vehicle was impounded.
Mr. Jackson took action against ICBC and the RCMP to recover costs associated with the impoundment. He had held a B.C. driver's licence in the past and he told the court that he had allowed it to lapse. Counsel for ICBC informed the court that the licence had been suspended because Jackson owed ICBC money due to an outstanding Supreme Court judgment against him. In either case, he did not have a valid BC driver's licence at the time of driving.
Mr. Jackson applied for, obtained and maintains medical insurance coverage in British Columbia on the premise that he is physically present in British Columbia for more than 6 months each year.
The Honourable Judge Gouge found that Mr. Jackson's action was an abuse of the process of the court. He cannot be a visitor to B.C. for the purposes of the Mexican driver's licence and a resident of B.C. for medical insurance. The claim was dismissed.