CASE LAW - Derkson v ICBC
In the early morning hours of April 25, 2015 Kendall Derkson was driving her vehicle on Highway 10 in Surrey. She struck a vehicle driven by Patrick Chan, destroying her vehicle in the process. ICBC refused to cover her loss as she was in breach of her conditions of insurance for being “incapable of proper control of the vehicle” at the time of the collision due to the influence of alcohol.
Ms. Derkson sued ICBC and Madam Justice Horsman examined the circumstances involved:
- Ms. Derksen's evening in the pub
- Investigation by police who issued an IRP after Ms. Derkson blew a fail at the roadside
- Revocation of the IRP by the Superintendent due to a time of driving error
- Ms. Derkson alleging that Mr. Chan had stopped his vehicle on the highway in the dark and turned of his lights
Ultimately the justice found that Ms. Derksen was not a credible witness because of a direct interest in the trial outcome and her consumption of alcohol. She agreed with ICBC that Ms. Derksen was intoxicated at the time of the collision, dismissing the action and ordering costs in favour of the insurance company.