Accident rates, injury claims and court costs have driven ICBC into deficit in recent years. (Black Press Media)

B.C. loses court ruling on limiting experts in ICBC injury cases

A-G David Eby says it could cost $400 million a year

One of the B.C. government’s financial reforms for vehicle accident cases has been rejected by the B.C. Supreme Court, a setback that could cost the Insurance Corp. of B.C. as much as $400 million a year.

Attorney General David Eby said Thursday the ruling comes as an unpleasant surprise, since his decision to restrict expert witnesses in vehicle injury cases doesn’t go as far as similar rulings in Australia and the United Kingdom. The rejected change limited expert witnesses and reports to one for “fast-tracked” claims of less than $100,000, and up to three for other cases.

“Given that other jurisdictions, the United Kingdom, Australia, have either outright banned adversarial witnesses or limited them to just one on a matter, why British Columbia couldn’t do three is difficult to understand,” Eby told reporters at the legislature Thursday. “But in any event, we’ll study the decision, we’ll certainly respect the decision of the court, and we’ll either appeal or legislate, or do what we can to make sure that we address this issue, which doesn’t go away just because of this decision.”

RELATED: B.C. limits ‘duelling experts’ in ICBC injury cases

RELATED: New drivers pay most for optional insurance, Eby says

With its cap on “pain and suffering” awards, an alternative dispute system to keep smaller cases out of court and an overhaul of rates to charge higher-risk drivers more, Eby said ICBC was on track to break even or have a small deficit this year after two years of billion-dollar losses.

In a challenge brought by the Trial Lawyers Association of B.C., Chief Justice Christopher Hinkson ruled that the restriction on expert witnesses “infringes on the court’s jurisdiction to control its process, because it restricts a core function of the court to decide a case fairly upon the evidence adduced by the parties.”

Hinkson also rejected the idea that the court could appoint experts, within the same limit of three per side. He described the whole concept of restricting witnesses as unconstitutional.

In question period at the B.C. legislature, B.C. Liberal MLA Mike de Jong demanded to know whether the decision means even higher ICBC insurance rates.

B.C. Liberal leader Andrew Wilkinson said Eby’s performance on ICBC merits his replacement as minister responsible.

“David Eby’s tinkering with ICBC has not only cost British Columbians more for auto insurance, but it also just blew a $400 million hole in John Horgan’s budget.”


@tomfletcherbc
tfletcher@blackpress.ca

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Teck donates land to Elkford Housing Society

The land donation ceremony took place on January 16

Fernie Hotel supports through bushfire fundraiser

Sunday Funday at The Fernie raised thousands for Australian Bushfire Relief On… Continue reading

Ridgemont trail network closed to public

On January 10, 2020, the Fernie Trails Alliance issued a press release… Continue reading

New plane for Air Search and Rescue Association

The new Cessna 182 will also be used for Angel Flight services

Fernie Chamber of Commerce signs lease for downtown coworking space

By: Brad Parsell, Executive Director Fernie Chamber of Commerce The Fernie Chamber… Continue reading

Officials reaching out to those in contact with Canada’s first coronavirus patient

The illness has sickened at least 1,975 people and killed 56 in China

Canada’s basketball community mourns Kobe Bryant after helicopter crash

Bryant was an 18-time NBA all-star who won five championships

‘Devastated’: Fans, celebrities remember Kobe Bryant after his death

Bryant played all of his 20-year career with the NBA with the Los Angeles Lakers

Kobe Bryant, daughter killed in California helicopter crash

Bryant entered the NBA draft straight out of high school in 1996

Investigation launched after six dead puppies dumped in Richmond hotel parking lot

RAPS reminds people they can always give up puppies they can’t take care of

Canadian Lunar New Year celebrations dampened by coronavirus worries

But Health Minister Patty Hajdu said today that the risk of infection is low

B.C. VIEWS: New coronavirus outbreak an important reminder

Walking the line between cautious and alarmist

Risk of coronavirus low in B.C. as first case emerges in Toronto: officials

There have been no confirmed cases of the virus in B.C.

Most Read