Judge says ‘enough is enough’ to man suing B.C. insurance regulator

A BC Supreme Court judge deemed a semi-retired Smithers businessman vexatious and dismissed his petition against the Insurance Council of British Columbia.

In December 2024, David Walter Eaglestone and his company, Majestic Forest Management Ltd., sued the council.

Eaglestone began seeking access to records in 2021 from the province’s industry-funded insurance regulator about agencies and licensed individuals. Eaglestone wanted files dating back some 20 years.

“Not surprisingly, his lack of personal interest influences the outcome of this petition,” wrote Justice Ward Branch in the Feb. 23 decision.

“It is clear to me that (council) has made reasonable efforts to satisfy all the petitioner’s repetitive requests. It is clear to me that the petitioner is never going to be satisfied with (council) efforts. This is a case where the court must declare that ‘enough is enough’.”

Eaglestone had some history with the insurance industry, coming out on the losing end of a lawsuit decided by another judge in 2022.

Eaglestone had sued Intact Insurance for nearly $600,000 after an accidental 2013 shed fire on his property. Justice Nigel Kent’s verdict described it as a “David vs. Goliath” case but awarded Eaglestone only $354 and his company $885.29. Kent said that Intact admitted handling of Eaglestone’s claims “was not perfect and that some mistakes were made, including breaches of the Insurance Act.”

Branch said the council moved in 2016 to an electronic records system using the Accela software, but maintains off-site storage of pre-2016 paper records.

The decision came after three hearing days last September and one in November. Branch said the council produced substantial material.

“By the end of the hearing, the exercise turned into a game of documentary ‘whack-a-mole’,” Branch wrote. “The petitioner would raise an issue regarding the absence of a particular document or category, and counsel for (the council]) would demonstrate that the document or category had already been produced.”

Branch ordered that Eaglestone be restrained from making further requests to inspect records at the council’s office and for him to ask the court before making any new requests for records.

CAIB New Edition 1.0 – a New Standard for Broker Education Image

Insights Paid Content

CAIB New Edition 1.0 – a New Standard for Broker Education

Preparing brokers to navigate an increasingly complex insurance landscape.

By 

Sponsor Image

Branch also found that Eaglestone was improperly denied access to the council’s offices, was successful in obtaining the council’s agreement to removing certain redactions and received further documents from the council after the hearing began. He declined Eaglestone’s request for costs.