In DeWolfe v. Jones, a driver and passenger were injured in a motor vehicle accident in 2005. The husband and wife elected to deal directly with ICBC on their own, and did not retain counsel. More than four years later, both Plaintiffs commenced legal proceedings. Almost two years later, both Plaintiffs filed Amended Notices of Civil Claims.
ICBC’S lawyer filed Responses to both claims, alleging that both claims were statute barred, as the Plaintiffs did not commence legal proceedings within the two year period of time from the date of the accident. A Summary Trial application pursuant to Rule 9-7 of the Supreme Court Civil Rules was brought to dismiss both of the Plaintiffs’ claims.
Counsel for the Plaintiffs sought to rely on the doctrine of promissory estoppel. To succeed in such an argument, it would need to be shown that the other party, by words or conduct, made a promise or assurance that was intended to affect the legal relationship between the parties, and to be acted on ; and, in reliance on the representation, the Plaintiffs acted on it or in some way changed their position. In order for promissory estoppel to apply, the Court would also need to be of the view that it would be unconscionable to allow the Defendant to resile from its’ position.
Counsel for the Plaintiffs relied on a statement made by the adjuster, however the Court was not of the opinion that the Defendants would be estopped from relying on the limitation defence available to them.
In dismissing the Plaintiffs’ claims, the Court commented :
 The plaintiffs in the present case suggest that the main concern is not that Ms. Johal was silent as to any applicable limitation period, but that she made an “affirmative statement denying the existence or application of any limitation period.”
 In these circumstances, the plaintiffs submit it should be inferred that a promise was made that the limitation period would not be enforced.
 Finally, even if the plaintiffs were able to establish that liability had been admitted and a promise made, I am of the view that they are unable to demonstrate they relied on such an assurance to waive the limitation period. In her examination for discovery, Mrs. DeWolfe admits that the main reasons why she did not commence her legal action earlier was that she simply did not realize there was a time frame in which she had to do so, and that “life just got busy”.
 In my opinion, although the parties had discussed the possibility of settling the plaintiffs’ claims, there were no serious negotiations towards that end. At no point did ICBC concede to the plaintiffs that the defendants were responsible for the Accident and in my view there is no persuasive evidentiary foundation to infer that only the quantum of damages remained as an issue to be settled between them.
 Finally, I am not convinced that the plaintiffs relied to their detriment on any assurances made by Ms. Johal or any other representative of ICBC.