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.

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

Just Posted

Skeena Voices | An act to remember

Sandra Norman has dressed up as Mrs. Claus for 37 years to bring cheer into patients’ lives

City of Terrace’s public consultation budget meeting sees one-person turnout

75 per cent of tax increase earmarked for new city staff

Expect delays on Nisga’a Highway 113

Avalanche control work is planned between Laxgalts’ap and Gingolx

B.C. premier talks forestry, service needs with handful of northern mayors in Prince George

Prince George meeting completes premier’s tour of Kitimat, Terrace, Fort St. James and Quesnel

B.C.-based firefighting plane crashes in Australia, killing three

Three people are confirmed dead in the crash in New South Wales

Victoria’s plastic-bag ban ended by Supreme Court of Canada

City’s leave to appeal lower court’s decision denied

One person in Vancouver being monitored for coronavirus, feds say

Federal Health Minister Patty Hajdu said five or six people are being monitored in Canada

Gap between cost of legal and illegal cannabis keeps growing: Stats Canada

In B.C., legal pot cost $9.32 per gram when bought legally

The word ‘landlord’ is too negative, one B.C. councillor says

Coun. Dave Loewen says term should be replaced by ‘rental housing provider’ in new housing strategy

Canada prepares as WHO decides whether to declare global coronavirus emergency

The city of Wuhan, China, has shut down outbound flights and trains

Survey finds support among Canadians for broader assisted-dying law

The survey was conducted Jan. 17 to 21 among 1,552 Canadians eligible to vote

Veteran B.C. journalist battles cancer through pioneering immunotherapy treatment

Vancouver Island rallies around JR Rardon and family during stay in Seattle

New nasal spray launched in Canada to combat hypoglycemic shock in diabetics

Baqsimi is a nasal spray contains three milligrams of glucagon

Most Read