B.C. Attorney General David Eby has vowed to clean up the financial ‘dumpster fire’ that is ICBC. (Tom Fletcher/Black Press)

B.C. Attorney General warns trial lawyers about ICBC challenges

Loss of reforms would have ‘catastrophic effect’ on rates, David Eby says

As the B.C. government presses ahead with changes designed to rein in injury costs against the Insurance Corp. of B.C., Attorney General David Eby is hinting that the province has another option that personal injury lawyers would like even less.

“In going after these reforms, they should be careful what they wish for, because there won’t be many options left for government after that,” Eby said Thursday, in reference to legal challenges by the Trial Lawyers Association of B.C. that could cost ICBC billions of dollars if they succeed.

One lawsuit challenges Eby’s move to limit expert witnesses in injury cases. The B.C. Supreme Court upheld the challenge last week, and the government has yet to decide whether to appeal or pass new legislation to limit experts to three a side in suits involving more than $100,000 in potential damages.

The trial lawyers have also launched a challenge to Eby’s move to impose a $5,500 cap on “pain and suffering” awards in vehicle accidents, and moving injury claims below $50,000 to a civil resolution tribunal rather than court.

“If those measures fail, the civil resolution tribunal and the cap on pain and suffering awards, those measures that are saving British Columbians about $1 billion a year, it would have a catastrophic impact on rates,” Eby said. “If they fail in court because of the trial lawyers’ challenges of them, it doesn’t leave government a lot of options in terms of how to move forward.”

Asked if that meant switching to no-fault insurance as other provinces have done, Eby only smiled as he entered the daily government caucus meeting.

RELATED: ICBC improving, but not yet out of the red, Eby says

RELATED: Trial lawyers sue BC over minor injury payouts

Saskatchewan, Manitoba, Ontario and Quebec have no-fault insurance, where a scale of payments applies to specified types of injury. Quebec has what a consultant for the Trial Lawyers Association of B.C. calls “pure no-fault,” where people have no access to courts in motor vehicle accident cases.

Leonard Krog, a lawyer, former NDP MLA and now mayor of Nanaimo, has referred to no-fault insurance as a “meat chart,” where major injuries such as loss of a limb are assigned a fixed monetary award that fails to take into account the particulars of each case.

WorkSafeBC has a similar system for adjudicating awards for people injured on the job.

Eby told Black Press on Tuesday that ICBC’s financial statements for 2018-19 showed that personal injury law firms made about $500 million from the corporation in that year alone.

“This is the first year we’ve reported these numbers, so they definitely were eye-opening for me,” Eby said.


@tomfletcherbc
tfletcher@blackpress.ca

Like us on Facebook and follow us on Twitter.

BC legislature

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

Just Posted

QUIZ: How much do you know about British Columbia?

On this B.C. Day long weekend, put your knowledge of our province to the test

Nanaimo-Ladysmith students will be going back to school full time in the fall in ‘learning groups’

Nanaimo Ladysmith Public Schools to submit back-to-school plan to ministry in August

LMS hosts virtual Kids’ Pirate Event in late August

Kids’ Pirate Event will feature five days of online content

Milestone Equipment Contracting on the job of Chemainus Road Corridor Upgrade

Project intricacies will now start to take shape in the weeks ahead

Starvation claims Great Blue Heron in Crofton

No other contributing factors found in death during a necropsy

VIDEO: Otter pups learn to swim at B.C. wildlife rescue facility

Watch Critter Care’s Nathan Wagstaffe help seven young otters go for their first dip

Michael Buble among 13 British Columbians to receive Order of B.C.

Ceremony will be delayed to 2021 due to COVID-19

U.S. border communities feel loss of Canadian tourists, shoppers and friends

Restrictions on non-essential travel across the Canada-U.S. border have been in place since March 2`

Rollout of COVID-19 Alert app faces criticism over accessibility

App requires users to have Apple or Android phones made in the last five years, and a relatively new operating system

Alleged impaired driver sparks small wildfire near Lytton after crash: B.C. RCMP

Good Samaritans prevented the blaze from getting out of control

B.C. First Nation adopts ‘digital twinning’ software to better manage territory

Software allows users to visualize what a mountain might look like if the trees on its slopes were logged

Woman arrested near Nanaimo beach after alleged road rage incidents

37-year-old woman facing charges including assault, assaulting a police officer, impaired driving

Most Read