B.C. Attorney General David Eby speaks to reporters at the B.C. legislature, Nov. 20, 2019. (Tom Fletcher/Black Press)

B.C. won’t appeal decision protecting ICBC court experts

Change to evidence rules next to save money, David Eby says

The B.C. government will attempt another legislative change in an effort to reduce the number of expert witnesses in vehicle injury cases involving ICBC, Attorney General David Eby says.

Eby said Wednesday he has decided not to appeal an October ruling that struck down caps on “adversarial” experts testifying in injury cases. He had estimated that the change could save as much as $400 million as the provincial auto insurer grapples with high court costs and two consecutive years of losing more than $1 billion.

Amendments to the Evidence Act are being prepared for next spring’s session of the B.C. legislature, in another effort to reduce court costs from vehicle accidents, as Australia and the United Kingdom have done, Eby said. He expects that change to be challenged as well, likely by the Trial Lawyers Association of B.C. that has challenged a series of reforms to ICBC to limit court costs.

Chief Justice Christopher Hinkson of the B.C. Supreme Court ruled Oct. 23 that restrictions on expert witnesses “infringes on the court’s jurisdiction to control its process.”

RELATED: ICBC loses court ruling limiting medical experts

RELATED: ICBC needs brokers, online renewals ‘not a priority’

ICBC posted a $50 million surplus in the first quarter of the fiscal year that began April 1, but Eby said Wednesday that has been eroded as more major injury cases emerge from the injury claims that were accumulated before changes to injury rules took effect in April. Those cases represent “a $12 billion book of liabilities,” Eby said.

ICBC court cases show some individuals have had “tens of thousands” of their settlements spent on expert reports, with the Crown corporation forced to make similar expenditures, he said.

“Our goal is to ensure that more of the settlement amount that people are entitled to goes into their pockets,” Eby said. “Our goal is to reduce the adversarial nature of the use of experts that drives much of this problem. Our goal is to reduce the expenditure for all people who have to go to court for personal injuries, a goal that will have benefits for ICBC as well, and by extension for ratepayers, who hopefully will not have to pay for as many experts on both sides in order to resolve disputes.”

The rejected changes would have limited expert witnesses and reports to court to one for “fast-tracked” cases involving claims under $100,000, and up to three for other cases.


@tomfletcherbc
tfletcher@blackpress.ca

Like us on Facebook and follow us on Twitter.

BC legislatureICBC

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

Comments are closed

Just Posted

Vintage vehicles, costumed drivers cruise Fernie streets

Wheels in the Valley hosted their first ever Rally in the Valley event this past Saturday

Food conditioned black bear destroyed in Elk Valley

The bear was destroyed by the Conservation Officer Service on June 28

Elkford students plant trees as part of reclamation project

The students planted over 200 trees throughout the community

Elk Valley wildlife conservation projects receive funding

The Habitat Conservation Trust Foundation announced $9.2 million in funding across the province

Registration opens for Fernie Writers Conference

The conference will take place from August 17-23 and will feature several accomplished authors

The pandemic is widening Canada’s workplace gender gap

Gender pay gap is incentivizing fathers to work while mothers watch children, a new B.C. study has found

Ex-Okanagan Mountie forfeits 20 days’ pay after sexual misconduct review

A former Vernon RCMP constable made sexual comments, grabbed genitals of male officer in two incidents 10 years ago

Man found dead on Okanagan trail identified as Hollywood actor

GoFundMe campaign launched for man found dead at summit of Spion Kop

3 people dead in Prince George motel fire

Fire personnel believe the blaze was suspicious although investigation in early stages

B.C. sets terms to review police, mental health, race relations

MLAs to recommend Police Act changes by May 2021

Feds announce $8.3M to deal with ‘ghost’ fishing gear in B.C. waters

Ghost gear accounts for up to 70 per cent of all macro-plastics in the ocean by weight

Almost 99% less land in B.C. burned this year compared to 2018

2018 was the worst year on record for wildfires

B.C. orders Coastal GasLink to stop pipeline construction near protected wetlands

The 670-kilometre pipeline is planned to transport natural gas from northeast B.C. to Kitimat

Most Read