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

Terrace Fire Department gets new rescue truck

$500,000 donation from LNG Canada went toward new truck, with remainder of funds coming from City

The Skeena River Métis Community Association looking to boost cultural awareness

The association is asking families to self-identify as Métis to access federal education funding

Survivors of abuse at Indian day schools could use help accessing compensation, advocate says

Class-action against federal government now settled but application form to claim funds is rigorous

Teachers to get 2 extra days to prepare for students’ return, now set for Sept. 10

Students will first start with orientation and learn rules of COVID-19 classroom policies

Teen killer Kelly Ellard gets day parole extension, allowing up to 5 days at home

Ellard is serving a life sentence for the 1997 murder of 14-year-old Reena Virk

Andrew Scheer likely marking last day in House of Commons as Opposition leader

Today’s Commons sitting is one of two scheduled for August

Deaths feared after train derails amid storms in Scotland

Stonehaven is on the line for passenger trains linking Aberdeen with the cities of Edinburgh and Glasgow

DFO says 5 aggrieved B.C First Nations were consulted on fisheries plan

Nuu-chah-nulth First Nations calls response ‘a sham,’ adding DFO never incorporates their views

Lower Mainland woman gives birth on in-laws’ driveway

Frédérique Gagnon new son is appropriately named after Norse trickster god

Man, 54, charged in connection with fatal attack of Red Deer doctor

Doctor was killed in his walk-in clinic on Monday

UPDATE: Two dead after fishing boat sinks off southern Vancouver Island

Shawnigan Lake-registered Arctic Fox II went down off Cape Flattery, west of Victoria

Most Read