Unfortunately, ICBC is taking a very hard line in recent times trying to find ways of breaching a driver/owner of the contract of insurance.  The end result of the breach is that ICBC does not have to pay out vehicle damage claims and also, can go after the “breached” driver/owner for full payment of ICBC's costs as a result of the accident.  As you can see, there is a great incentive for ICBC to breach somebody of their contract of insurance: they save money.

In civil actions the party who asserts the affirmative of an issue has the burden of proving it on a balance of probabilities. The overall burden of proof in a civil trial is on the injured party.

There are usually two types of evidence in every trial. One is called direct evidence. The other is called circumstantial evidence. Direct evidence consists of testimony as to what a witness actually saw, heard, or did concerning an event in issue between the parties. Circumstantial evidence is evidence of a circumstance or circumstances surrounding an issue. When a witness gives circumstantial evidence he or she testifies about circumstances relating to the issue in dispute between the parties. From these related circumstances the Court is asked to draw an inference as to what actually happened.