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

PHOTOS: City of Colwood hosts a ‘heartwarming start’ to the holidays

Colwood Christmas Light Up Celebration sees surge in attendance

B.C. Transit saves $300,000, scores 28 used fareboxes idle in California

‘Someone joked maybe we can buy used fareboxes on eBay,’ CEO says

Trauma sufferers support group takes shape on West Shore

Aaron’s Society open to more peer support groups with certified trauma practitioners

Hundreds of students gather at Government House to decorate Christmas Trees

The annual tradition let Grade 2 and 3 students help celebrate for the holidays

Tenants above Wellburns uncertain after ‘nightmare’ sewage flood ousts them indefinitely

Tenants evacuated after sewage flooded basement of century-old building

VIDEO: John Lennon’s iconic Rolls Royce rolls into Camosun College for checkup

Royal BC Museum, Camosun College and Coachwerks Restorations come together to care for car

POLL: Will you be donating to charities over the holiday season?

Many here in Victoria joined others around the world to take part… Continue reading

Greater Victoria Crime Stoppers wanted list for the week of Dec. 3

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

VIDEO: Rockslide closes part of Highway 93 in Fairmont Hot Springs

Geotechnical team called in to do an assessment after rocks fell from hoodoos

Petition calls for appeal of ex-Burns Lake mayor’s sentence for sex assault

Prosecution service says Luke Strimbold’s case is under review

Northwest B.C. wildlife shelter rescues particularly tiny bear cub

Shelter co-founder says the cub weighs less than a third of what it should at this time of year

BC firefighters to help battle Australian bushfires

Canada sent 22 people, including 7 from B.C.

B.C. NDP touts the end of MSP premiums

Horgan, James held news conference to reiterate that people will get their last bill this month

Oscar Hickes: Longest running hockey tournament on Vancouver Island cancelled

Patrick Murray, one of the organizers for the tournament, broke the sad news on social media.

Most Read