B.C. tribunal denies loss of studies claim, finding student continued classes after 2021 crash

A classroom in the U.S. (Pexels)

A B.C. mother who argued her son’s car‑accident injuries kept him from meeting Grade 2 academic requirements has had her claim for loss‑of‑studies benefits dismissed, after the Civil Resolution Tribunal found he continued his schooling each year.

In a decision posted Wednesday, the tribunal explains that the mother and son—identified as JGH and TW—were in a rear‑end collision on Oct. 30, 2021, shortly after TW had started Grade 2 at a private school.

In October 2023, ICBC denied her request for loss‑of‑studies benefits on the basis that the boy continued studying, first through his registered independent school at home and later through provincially certified online programs, according to the decision. School records show the student missed one day of in‑person classes before shifting to an online format for the remainder of that school year.

Aside from a brief attempt to return to in‑person learning at the start of the 2022–23 year, TW has remained in online education and is now enrolled in Grade 5.

The tribunal notes the boy was being treated for anxiety before the collision and developed PTSD symptoms afterwards.

“He was unable to attend school due to fear of leaving the house and riding in any vehicles,” the decision states. “However, by June 2022 he was able to tolerate riding in a car again and participating in summer camps with support.”

His mother argued that he advanced through the grades without meeting academic expectations, but the tribunal found the legislation focuses only on whether a minor is unable to begin or continue studies—not on whether they meet curricular milestones.

“For a minor, the loss‑of‑studies benefit is $5,693 for each incomplete school year,” the decision states. Because TW completed Grades 2 through 4, the tribunal dismissed the claim.

The CRT also rejected the mother’s request for reimbursement of her $125 tribunal fee. ICBC is entitled to recover $25 in fees.