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I agree with ICBC's decision. Your brother was changing lanes and braked unnecessarily hard judging from the amount of space in front to the mini. We have no rear-cam but it would seem like there wasn't that much space to merge to start with hence the guy behind couldn't react fast enough.
Think about it in the other perspective. Someone just merged in front of you and then slam on the brakes. Even if the lane change was complete, you have one full car length less than you originally had to safely stop.
In your brother's case, even if ICBC deems that he's not 100% at fault. Anything over 25% fault the insurance goes up anyway so there's really no difference.
Just my opinion.
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Infiniti G20
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