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In other words, ICBC believes the collision was caused by the act of changing lanes, as opposed to being caused by a driver following too closely. When changing lanes, the driver making the lane change is responsible for ensuring they maintain a safe distance in front and rear of the vehicle during and after the lane change, so as to avoid a collision from happening. The timing really is too close to call.
Hindsight is 20/20 but the van braked at the exact moment your brother started making his lane change. I think he should have seen the van braking, and then he should have cancelled the lane change and kept to his original lane.
Don't really have any suggestions on how you will be able to convince them otherwise now they have come to this conclusion... good luck!
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