Accident rates, injury claims and court costs have driven ICBC into deficit in recent years. (Black Press Media)

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

A-G David Eby says it could cost $400 million a year

One of the B.C. government’s financial reforms for vehicle accident cases has been rejected by the B.C. Supreme Court, a setback that could cost the Insurance Corp. of B.C. as much as $400 million a year.

Attorney General David Eby said Thursday the ruling comes as an unpleasant surprise, since his decision to restrict expert witnesses in vehicle injury cases doesn’t go as far as similar rulings in Australia and the United Kingdom. The rejected change limited expert witnesses and reports to one for “fast-tracked” claims of less than $100,000, and up to three for other cases.

“Given that other jurisdictions, the United Kingdom, Australia, have either outright banned adversarial witnesses or limited them to just one on a matter, why British Columbia couldn’t do three is difficult to understand,” Eby told reporters at the legislature Thursday. “But in any event, we’ll study the decision, we’ll certainly respect the decision of the court, and we’ll either appeal or legislate, or do what we can to make sure that we address this issue, which doesn’t go away just because of this decision.”

RELATED: B.C. limits ‘duelling experts’ in ICBC injury cases

RELATED: New drivers pay most for optional insurance, Eby says

With its cap on “pain and suffering” awards, an alternative dispute system to keep smaller cases out of court and an overhaul of rates to charge higher-risk drivers more, Eby said ICBC was on track to break even or have a small deficit this year after two years of billion-dollar losses.

In a challenge brought by the Trial Lawyers Association of B.C., Chief Justice Christopher Hinkson ruled that the restriction on expert witnesses “infringes on the court’s jurisdiction to control its process, because it restricts a core function of the court to decide a case fairly upon the evidence adduced by the parties.”

Hinkson also rejected the idea that the court could appoint experts, within the same limit of three per side. He described the whole concept of restricting witnesses as unconstitutional.

In question period at the B.C. legislature, B.C. Liberal MLA Mike de Jong demanded to know whether the decision means even higher ICBC insurance rates.

B.C. Liberal leader Andrew Wilkinson said Eby’s performance on ICBC merits his replacement as minister responsible.

“David Eby’s tinkering with ICBC has not only cost British Columbians more for auto insurance, but it also just blew a $400 million hole in John Horgan’s budget.”


@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

‘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

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

Two people die in propane heated outdoor shower near Princeton

Couple was attending a long weekend gathering

Most Read