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 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

An architectural rendering of the five storey condo building at 201/203 Dogwood Drive. (BJK Architecture photo)
Five storey condo building proposal at Dalby’s proceeds to public hearing stage

Frank and Mike Crucil of FMC Holdings are hoping to turn Dalby’s Automotive into a five storey condo

Jimmy Seymour was recognized for his outstanding work as the solid waste operator for Stz’uminus First Nation. (Submitted photo)
‘He has a way with the community’, Jimmy Seymour recognized for his dedication to Stz’uminus First Nation

Jimmy Seymour uses his job as solid waste operator to spread kindness through Stz’uminus

A boat caught fire in Ladysmith Harbour on Saturday morning. (Photo submitted)
Missing woman’s remains recovered from Ladysmith harbour

The remains of a 60 year old woman were recovered after a boat fire took her life on Feb. 27

Ladysmith Secondary School. (File photo)
Ladysmith Secondary reports another COVID-19 exposure

This makes LSS the school with the most exposure days in the Island Health region currently

Plantitude’s ‘Stargazer Bubbles’. (Plantitude photo)
Plantitude offers ‘stargazer bubble’ dining experience

The 10 foot by seven foot bubbles can seat up to six people

Health Minister Adrian Dix looks on as Dr. Bonnie Henry pauses for a moment as she gives her daily media briefing regarding COVID-19 for British Columbia in Victoria, B.C. THE CANADIAN PRESS/Jonathan Hayward
7 additional deaths and 542 new COVID-19 cases in B.C.

Provincial health officials reported 18 new COVID-19 cases linked to variants of concern

The Regional District of Nanaimo’s board is forwarding a motion on illegal dumping to the Association of Vancouver Island and Coastal Communities’ upcoming annual general meeting. (Kane Blake photo)
Island communities asked to join forces in seeking help fighting illegal dumping

RDN resolution to be forwarded to Association of Vancouver Island and Coastal Communities

Jobs Minister Ravi Kahlon speaks in the B.C. legislature, describing work underway to make a small business and tourism aid package less restrictive, Dec. 10, 2020. (Hansard TV)
B.C. extends deadline for tourism, small business COVID-19 grants

Business owners expect months more of lost revenues

Protestors against old growth logging gather in front of the courthouse in Victoria on Thursday morning. (Don Denton/Black Press Media)
Protesters gather at Victoria courthouse to oppose Port Renfrew logging

Logging company seeks injunction to remove blockades near its Port Renfrew operation

Mid day at the Vancouver Port Intersection blockade on March 3, organized by the Braided Warriors. (Zoë Ducklow photo)
Anti-pipeline blockade at Vancouver intersection broken up by police

Demonstraters were demanding the release of a fellow anti-TMX protester

One person is dead after a camper van caught fire Thursday morning in Victoria's Beacon Hill Park. (Nina Grossman/News Staff)
One person dead after vehicle fire in Victoria park

Investigation into Beacon Hill Park death in early stages

(Government of B.C.)
Chelsea Harry was last seen Feb. 21. Photo via Comox Valley RCMP
Vancouver Island RCMP seeking help locating a missing woman

Missing person last seen in Courtenay on Feb. 21

Backcountry skiers are dwarfed by the mountains as they make their way along a mountain ridge near McGillivray Pass Lodge located in the southern Chilcotin Mountains of British Columbia, Tuesday, Jan. 10, 2012. Avalanche Canada has issued a special warning to people who use the backcountry in the mountains of western Alberta and eastern British Columbia. THE CANADIAN PRESS/Jonathan Hayward
Avalanche Canada special warning for mountains in western Alberta, eastern B.C.

Avalanche Canada also says everyone in a backcountry party needs essential rescue gear

Most Read