ICBC’s Workplace Culture: “Odious”, “Malicious” & “Vindictive” — Part 2

To read Part 1, click here

y after a week or so. But Gone’s injuries continue to trouble him.

A friend recommends the Arsenovskis see a lawyer. Upon being contacted by the lawyer, ICBC decides to “play hard ball”. They deny Gone’s claim. Danica makes no claim, but ICBC decides to “deny” her anyway. ICBC decides to sic the SIU on the Arsenovskis. The self-proclaimed “Fraud Spanker” Greg Bodin is the lead ICBC adjuster to the case. Bodin works closely with SIU officer John Gould – they call themselves “partners”. Together, Bodin and Gould decide to treat the Arsenovskis as “blatant” fraudsters. They choose to ignore the hospital and doctor’s records. Facts make no difference.

Ultimately Gould writes a Report to Crown Counsel to have both Arsenovskis charged with attempted fraud over $5,000, and Danica charged with making a false statement. It is clear that Bodin enthusiastically supported this scheme. The maximum penalty for fraud over $5,000 is 14 years in prison. For false statement, 2 years in prison.  If any of these charges is approved, it could automatically cause the Arsenovskis to be deported back to former Yugoslavia.

The ICBC records are clear that Bodin and Gould are motivated by a strong dislike of the Arsenovskis’ lawyer and want to dissuade his newest clients from making any claim for damages. There is no factual basis for the charges.

Crown Counsel refuses to charge either of the Arsenovskis with attempted fraud, but does charge Danica with making a false statement. In doing so, the Crown relies on the Report to Crown Counsel written by Gould – containing his false assertions:

• that Mrs. Arsenovski said that she had been hit by the car; and

• that several witnesses gave statements that she had not been hit by the car.

In fact no witness said Danica was not hit. One says she did not see Danica get hit. One does not mention her at all. One “witness” never made a statement – Gould fabricated it.

Mrs. Arsenovski hires top defence lawyer Ian Donaldon, Q.C.   Mr. Donaldson is a legend in the field.  At risk of jail here, and possibly deportation back to the warzone of Belgrade, Danica cannot afford to risk having anyone less than the best.  Mr. Donaldson reviews the report to Crown Counsel and observes numerous errors, inconsistencies, and misstatements in the report – including the fact that Mrs. Arsenovski never told ICBC that she had been hit by the car, and that  Gould had misrepresented what the various witnesses had said. On the first day of her trial, Mr. Donaldson points these all out to Crown Counsel.  He also shows that the supposed “false statement” was actually delivered through an amateur interpreter – something not disclosed by Gould in his Report to Crown Counsel. Upon learning of ICBC and Gould’s lies, distortions, omissions, Crown Counsel immediately enters a stay of proceedings. Mr. Donaldson charges $7,200 – a discount of his usual fee.

Danica’s criminal ordeal is over – ten months after that fateful rainy night.

However, Danica’s problems with ICBC are far from over.

• ICBC will not apologize.

• ICBC will not cover her expense of hiring Donaldson.

• ICBC maintains its position that Danica tried to make a fraudulent claim.

• ICBC continues to use its position to try to harm the Arsenovskis – including trying to get them deported.

Because the Arsenovskis are refugees, they can be deported back to Yugoslavia just for being accused of bad conduct by ICBC.

Danica has no choice but to file a lawsuit for malicious prosecution against ICBC, Bodin, and Gould. It will take her 16 years to get a measure of justice for what ICBC, Bodin, and Gould have done to her.

In August 2011 ICBC offers to settle the case for $10,000.00.  In August 2013, Danica tries to accept that offer.  She just wants the case over.  ICBC refuses to honour their offer and appliesto court to invalidate it. ICBC is successful in court– the offer is withdrawn. ICBC continues to defend their conduct and that of Bodin and Gould.

Hardly looking to win the “Litigation Lottery”, Mrs. Arsenovski had been prepared to settle for $10,000. In fact she applied to court to enforce what she felt was that agreement!

ICBC will not settle.

ICBC will not reimburse her for hiring her defence lawyer.

ICBC will not apologize.

ICBC insists it acted properly.

Mrs. Arsenovski thus has no option but to proceed to a trial of the case in 2015.

See the next article to learn the result of ICBC’s “Odious”, “Malicious” & “Vindictive” conduct