There is a common misconception that ICBC must advise you of limitation periods applicable to your ICBC claim. Although some adjusters will do so, they are under no legal obligation to do so, which can result in serious injustices to claimants who simply do not know what to do, or are unaware of limitation periods, and the effect that missing one can have on their ICBC claims.
In Tolentino v. Gill, the Plaintiff was injured in a motor vehicle accident, and brought an ICBC claim for pain and suffering, as well as other forms of damages. The Plaintiff was unrepresented, and had some discussions with the ICBC adjuster. The Plaintiff was unaware of the two year limitation period in which a lawsuit had to be commenced, and was not informed of this by the ICBC adjuster. By the time the Plaintiff contacted the ICBC adjuster again, it was too late to bring an action. The Plaintiff still did file the necessary legal documentation, however after the fact, and the Plaintiff’s ICBC claim would eventually be dismissed. The Court had some harsh words for the ICBC adjuster in question.
 It is indeed unfortunate that Ms. Brunac-White made no effort to contact Mr. Tolentino before the limitation period expired. It would have been a simple task that could have served the interests of both parties. However, as the plaintiff concedes, ICBC as the insurer has no duty to advise him about the limitation period. Silence or inaction may be considered a representation only where the representor owes a legal duty to the representee to disclose something or take certain steps: Ryan v Moore, 2005 SCC 38…
 I wish to add, however, that I was disturbed by the adjuster’s approach in this case. She sought to rely on an “agreement” with the plaintiff about the next steps but when he did not contact her after several months, she ought to have considered that there could have been a misunderstanding. While she may not have been successful in making contact with the plaintiff given his history, her failure to make any attempt to contact him before the limitation period expired was in my view unreasonable. She had a telephone number and could have left him a message. Although she did not have a legal duty to do so, given her knowledge of the claim, this would have been a more reasonable and fair approach.