ICBC lawyers had known about ban on jury trials since last July but waited until April 1, while pre-trial preparations had begun, to request adjournment.
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Lawyers defending ICBC in a personal-injury lawsuit have been denied a request to adjourn a trial that is scheduled for later this month so that the case can be heard by a jury.
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ICBC sought the adjournment because of court restrictions caused by the World Cup.
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The scheduled start date for the trial, June 29, falls in the middle of the tournament.
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Lawyers and judges were informed last year there would be no jury or criminal trials at Metro Vancouver courthouses during this period because police resources were likely going to be strained, as would the sheriff services that support court operations.
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But to now adjourn the case to accommodate a jury would “likely result in a delay of more than a year,” B.C. Supreme Court Associate Judge Scott Nielsen said in denying the request.
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He also ruled ICBC lawyers didn’t submit reasons why a jury trial was preferred over a trail by judge alone.
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The case involves a personal injury claim by Sukhwinder Kour related to two motor vehicle accidents that occurred in March and May 2018.
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In February 2025, a trial date was set for June 29, 2026. ICBC lawyers at the time also filed a letter with the court electing a jury trial.
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But in July 2025, the B.C. Supreme Court announced that no criminal trials and no civil jury trials would be held during the “FIFA period” of June 12 to July 8, 2026.
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“The important priorities of public safety and traffic and crowd management during the event will draw heavily on police resources in the Lower Mainland and potentially elsewhere in the province,” a court notice said at the time.
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The announcement also said because of deployment of sheriffs for tournament security, there may not be enough sheriffs to provide security for the courts, including transporting accused persons and managing juries. It said court operations could be affected by heavy traffic and a shortage of hotel rooms for deliberating juries or out-of-town witnesses.
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Pre-trial proceedings for the trial had already begun earlier this year. In March, Kour was examined by an ICBC-appointed doctor, and she was scheduled to attend an examination for discovery on April 1.
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But ICBC lawyers cancelled the hearing on that day and advised days later they were seeking an adjournment of the trial so it could be heard by a jury.
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Kour’s lawyers opposed the application to adjourn, noting that eight years had passed since the accidents. The trial had already been adjourned once before and the prospect of adjourning would be stressful for the plaintiff and cause her to face additional costs.
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ICBC lawyers said access to a jury trial was a substantive right.
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In denying the application to adjourn, Nielsen noted that the request to adjourn came nine months after lawyers were notified about the World Cup’s impacts on scheduling and three months before trial.
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The judge also noted that ICBC lawyers hadn’t specified in the application to adjourn why it sought a jury trial.
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“I assume there is a perceived tactical advantage to a jury trial in the circumstances,” he wrote. However, this “does not provide a rationale that transcends a mere preference for a jury trial. Rather, it is a strategic choice.”
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“For the plaintiff, the trial will likely be delayed by a year. Based on her evidence, it will cause financial hardship and potentially put her and her husband’s retirement plans at risk,” the judge added.
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“There is a point where justice delayed is justice denied.”
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— With files from Douglas Quan
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