In Cebula v. Smith, the Plaintiff was injured in a chain reaction collision, and subsequently brought an ICBC claim for damages for pain and suffering, as well as various other heads of damages. The Plaintiff had been traveling behind a truck hauling a boat trailer, when a car coming from the opposite direction crossed the double yellow line and collided with the truck, causing the trailer to strike the Plaintiff‘s vehicle. The Defendant‘s vehicle then struck the Plaintiff‘s vehicle. The injuries alleged were serious, and liability was disputed. The owner of the Defendant‘s vehicle passed away after proceedings had been commenced. In substituting the estate of the Defendant owner for the Defendant owner, the Court commented on the applicable law.
 Upon his death, Mr. Smith ceased to exist in law: McNabb Estate v. Mills, 1995 CanLII 160 (B.C.S.C.). Notwithstanding R. 6-2(1) of the Supreme Court Civil Rules, B.C. Reg. 168/2009, which provides that if a party to a proceeding dies but the claim survives the proceeding may continue in spite of the death, until such time as an executor or administrator is substituted as a party there is no legal person or entity before the court: McCulloch v. Green, 1995 CanLII 8909 (B.C.C.A.) at para. 30:
If the defendant, in a properly brought action for tort, dies after the commencement of the action, that action is suspended until an executor or administrator is appointed and, in accordance with the Rules of Court, substituted as a party for the deceased, whereupon the plaintiff may proceed.
 During the trial, the plaintiff sought leave pursuant to R. 6-2(7) to substitute the Estate of Mr. Smith for Mr. Smith as a defendant in this action. In my view, the participation of the Estate of Mr. Smith as a party is necessary to ensure that all matters in the proceeding may be effectually adjudicated on. I ordered that that substitution be made and directed that the style of cause be amended accordingly.