B.C. Attorney General David Eby speaks to reporters at the B.C. legislature, Nov. 20, 2019. (Tom Fletcher/Black Press)

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.

BC legislatureICBC

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

Just Posted

COVID-19. (Image courtesy CDC)
81 new cases of COVID-19 detected in Interior Health Friday

One additional staff member at Kelowna long-term care home tests positive, no new deaths

Jake Jeannotte, age six, holds a Whisky Jack – another name for Gray Jay, Canada Jay or Camp Robber – a common bird that can be seen on the bird count. 
(Contributed)
Bird count back for 31st year

There are some slight modifications to the bird count to accomodate for COVID-19

(File)
One death and 82 new cases of COVID-19 in Interior Health

1,981 total cases, 609 are active and those individuals are on isolation

Paramedic Jason Manuel, dressed in PPE, inspects an ambulance at Station 341 on Nov. 30. (Phil McLachlan - Black Press Media)
Second wave, twice the anxiety; Okanagan paramedics reflect on pandemic from the front line

‘I don’t know who that (next) person is going to be, I don’t want it to be me or my family’: Paramedic

Dr. Albert de Villiers, Chief Medical Health Officer for the Interior Health Authority. (Contributed)
‘People need to start listening’: IH top doc combats COVID-19 misconceptions

Dr. Albert de Villiers says light at the end of the tunnel will grow in step with people’s adherence to PHO guidance

A snow moon rises over Mt. Cheam in Chilliwack on Feb. 8, 2020. Friday, Dec. 11, 2020 is Mountain Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of Dec. 6 to 12

Mountain Day, Dewey Decimal System Day and Lard Day are all coming up this week

A laboratory technician holds a dose of a COVID-19 novel coronavirus vaccine candidate that's ready for trial on monkeys at the National Primate Research Center of Thailand. (Mladen Antonov | AFP)
WEB POLL: Will you take a vaccine for COVID-19?

Doses are expected to arrive in the new year

Travis Hirlaka, Vernon
PHOTOS: Sunrise paints Okanagan skies

Residents in the Okanagan captured stunning shots of a colourful start to Saturday

Robert Riley Saunders. (File)
First Nations Leadership Council demands justice for victims of B.C. social worker

Union of BC Indian Chiefs calls actions of Robert Saunders ‘nothing short of complete depravity’

(City of West Kelowna)
Large housing development in Central Okanagan back on the table

Council considering rezoning to accommodate 184 housing units, project hopes for ~933 by completion

Staff and students at Vernon’s Fulton Secondary School were evacuated due to an electrical short that sent one person to hospital Friday, Dec. 4, 2020. (Kerry Hutter photo)
Vernon high school evacuated, one person injured by electrical short

Incident at Clarence Fulton Secondary forced brief evacuation Friday afternoon

Two Canadian petitions are asking to have elected officials removed from office. (Pixabay.com)
COLUMN: Petitions show loss of faith in democratic process

Online petitions from third-party sources have taken aim at elected officials in Canada

Chinook salmon spawning in the Fraser River near Tete Jeune Cache. ((Shane Kalyn photo, property of the Upper Fraser Fisheries Conservation Alliance)
North-Okanagan Shuswap MP petitions government to reform salmon management

Mel Arnold tables petition to allow more angler access to non-threatened Fraser River chinook salmon

Shuswap Cider Company has applied for a licence that would accommodate a cider manufacturing facility, a tasting room and patio/lounge area at Westgate Market in Salmon Arm. (File photo)
Cider manufacturing facilty, tasting room and patio proposed for Salmon Arm

Council asked to raise a virtual glass to a licence for a cidery and amenities in Westgate Mall

Most Read