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.

Just Posted

Chilliwack farmer ‘frustrated’ with inferior Hungarian ducks in Canada

Ken Falk says Canada Food Inspection Agency is not protecting consumers by enforcing standards

No defence witnesses in trial of man charged in killing of Abbotsford student

‘Change of instructions’ results in defence closing case without calling evidence

Seven Days in Chilliwack

A list of community events happening in Chilliwack from Dec. 9 to 15

Chilliwack condo sales up 153%

Year-over-year increase points to first-time homebuyers

LETTER: Science on human-caused climate change is not settled

Our students need critical thinking skills, says letter writer

‘Kind of lacking:’ Injured Bronco wonders why Canada won’t fund spinal surgery

“I think if Canada can step in and advance this program”

Dance cancelled after Alberta teacher’s climate lesson prompts online threats

School district near Red Deer cancelled annual family dance due to Facebook comments

Don’t expect extra bus service during impending SkyTrain strike, CMBC says

Full SkyTrain shutdown is scheduled to start Tuesday morning

Surrey getting a new hospital, in Cloverdale

Premier John Horgan said the ‘brand new hospital’ will be built near Kwantlen Polytechnic University

Operation Red Nose Surrey-Langley could close for rest of season due to lack of volunteers

Organizers say they are struggling to keep up with high call numbers and long wait times

B.C. VIEWS: An engine that hums right along

First Nations are leading a new surge of investment in B.C.

74% of 911 calls are from cellphones, so know your location: E-Comm

Cell tower triangulation generally only narrows location down to the block someone is calling from

No negligence in RCMP actions in B.C. teen’s overdose death: Watchdog

Police acted properly when they responded to the first reports of the boy being in distress

Most Read