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

Just Posted

Port Alberni athletes put on fitness ‘FUNdraiser’ for frontline workers

Outdoor boot camp will be limited to 50, with donations helping frontline workers’ mental health

Bamfield residents, visitors pressure province as anniversary of fatal crash approaches

Letter-writing campaign makes ‘heartfelt, emotional pleas’ to improve road conditions

Airforce search and rescue helicopter drops in at Cameron Lake for training

Distinctive yellow CH-149 Cormorant turns heads after using Island lake for impromptu hoist

QUINN’S QUIPS: What makes a building historically significant?

There’s a difference between heritage designation and a heritage register

Nominate a hero for BC Autism Awards

Quality Foods sponsoring the third annual awards

‘Don’t kill my mom’: Ryan Reynolds calls on young British Columbians to be COVID-smart

‘Deadpool’ celebrity responds to premier’s call for social influence support

Garbage truck knocks down lamp post onto pickup in north Nanaimo

Emergency crews respond to Dickinson Crossing plaza mall Friday afternoon

Widow of slain Red Deer doctor thanks community for support ahead of vigil

Fellow doctors, members of the public will gather for a physically-distanced vigil in central Alberta

Protesters showcase massive old yellow cedar as Port Renfrew area forest blockade continues

9.5-foot-wide yellow cedar measured by Ancient Forest Alliance campaigners in Fairy Creek watershed

Taking dog feces and a jackhammer to neighbourhood dispute costs B.C. man $16,000

‘Pellegrin’s actions were motivated by malice …a vindictive, pointless, dangerous and unlawful act’

Racist stickers at Keremeos pub leaves group uneasy and angry

The ‘OK’ hand gesture is a known hate-symbol

VIDEO: World responds to B.C. girl after pandemic cancels birthday party

Dozens of cards and numerous packages were delivered to six-year-old Charlie Manning

Expected fall peak of COVID-19 in Canada could overwhelm health systems: Tam

National modelling projections released Friday show an expected peak in cases this fall

Most Read