FILE - Premier John Horgan at #BCTECHSummit 2018. (flickr/Province of British Columbia)

B.C. government considering options in ICBC medical expert case: Horgan

Changes aimed at curbing costs at the financially troubled Insurance Corp. of B.C.

Premier John Horgan says the B.C. government hasn’t decided if it will appeal a court ruling that throws out restrictions on the number of medical expert reports that can be used in auto insurance claims that go before judges.

The British Columbia Supreme Court has set aside the limitation, which Attorney General David Eby introduced as part of a number of changes aimed at curbing costs at the financially troubled Insurance Corp. of B.C.

Justice Christopher Hinkson says limiting the number of medical expert reports to three in a case is unconstitutional and encroaches on the court’s jurisdiction to control its process.

His ruling this week says it restricts the core function of the court to decide a case fairly using the evidence adduced by the parties.

Horgan says he is disappointed by the ruling and the Finance Ministry is looking at the impact it will have on ICBC.

He also disagreed with the Trial Lawyers Association of B.C. when it disputed a government claim that limiting testimony at trials would save $400 million a year.

“We made the decision to move in this direction, with the rules of court, because the costs were so high,” he said. “If lawyers can do it for a fraction of the price, then good for them, but that’s certainly not the evidence of the billings that we were receiving.”

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

The lawyers association, which acted as a petitioner in the case, says it was concerned the proposed changes would compromise the access litigants have to a fair trial.

Horgan said the court’s decision means the province will have “to reboot and take a look at the budget issues.”

“This decision is going to give us pause. We’re going to have to take stock on how we can best provide insurance for drivers.”

Changes to the public insurer’s payments and procedures were announced last year, shortly after Eby referred to ICBC as a “financial dumpster fire.”

He said in February that accident injury claims have increased 43 per cent in the past five years and the use of experts has contributed to a 20 per cent rise in the corporation’s injury settlements in the past year.

The latest fiscal year ended March 31 and the corporation announced in February that its projected deficit was $1.18 billion, on top of the $1.3 billion loss posted over the 2017-18 fiscal year. (CHNL, The Canadian Press)

The Canadian Press

READ MORE: ICBC willing to loosen grip on driver claim data, David Eby says

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

‘He has a home’, the tale of Ladysmith’s Turf Kitty

Chewy, also known as ‘Turf Kitty’, is a popular presence at Forrest Field

Downtown Ladysmith vehicle fire quickly extinguished

LFR Lieutenant Matt Rickett said that everyone involved responded exactly how they were supposed to

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

B.C. records 146 new COVID-19 cases through long weekend

More that 28 people tested positive for the virus each day since Friday

Dwindling B.C. bamboo supply leaves Calgary Zoo biologists worried about pandas

Zoo has been trying to send pandas back to China since May

Dinosaurs revived for animatronic auction in Langley

More than 500 robot dinosaurs, fossils, and exhibition gear are going on the block Aug. 6

B.C. paramedics responded to a record-breaking 2,700 overdose calls in July

Province pledges $10.5 million for expansion of overdose prevention response

Canada signs deals with Pfizer, Moderna to get doses of COVID-19 vaccines

Earlier in July both Pfizer and Moderna reported positive results from smaller trials

Canucks tame Minnesota Wild 4-3 to even NHL qualifying series

J.T. Miller leads Vancouver with goal and an assist

Cyclist in hospital after being hit by load of lumber hanging from truck on B.C. highway

A man is in hospital with broken ribs, punctured lung and a broken clavicle and scapula

COVID-19 vaccine efforts provide hope but no silver bullet to stop pandemic: Tam

There are more than two dozen vaccines for COVID-19 in clinical trials around the world

Most Read