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

Just Posted

The Victoria Police Department is seeking information on an assault that occurred in downtown Victoria on May 10. (Black Press Media file photo)
Police investigating downtown Victoria assault on youth

Witness also attacked after trying to intervene

Howard English Hatchery volunteer Joscilyn Jupp poured one of many buckets of salmon fry into Douglas Creek on May 11, 2021. (Devon Bidal/News Staff)
35,000 salmon fry released in Saanich park during closed event

Chum from Goldstream Hatchery trucked in to restore Douglas Creek salmon spawning

Local cyclist Max McCulloch catches air off a jump in the newly redesigned Organ Donor trail at Mount Work mountain biking park. The Capital Regional District approved its regional parks mountain biking guidelines and a list of short-term actions at the CRD board’s May 12 meeting. (Black Press Media File Photo)
CRD approves mountain biking guidelines that drove spoke between advocates, environmentalists

Guidelines aim to find new biking opportunites in region, while protecting park ecology

Reigning women’s World Champion Kaetlyn Osmond, who also took bronze at the 2018 Pyeongchang Winter Olympics, will debut two brand new programs for the 2021 Stars On Ice tour, in Victoria May 15. (File photo)
Kurt Browning, Elvis Stojko hit the ice when Stars returns to Victoria

The star-studded lineup is makes a return after pandemic hiatus

Ryan Cootes, Erin Bremner-Mitchell, Bill Collins and Mike Williamson of Cascadia Seaweed Corporation are here seen holding up seaweed grown in Barkley Sound in July 2020. The Sidney-based company has organized the inaugural Seaweed Days Festival running May 17 to May 23. (Cascadia Seaweed Corporation/Submitted)
Global expert touts seaweed to open inaugural Sidney festival

Vincent Doumeizel also points to barrier facing the emerging industry

An avalanche near Highway 1 in Glacier National Park. Avalanche Canada will benefit from a $10 million grant from the B.C. government. (Photo by Parks Canada)
Avalanche Canada receives $10-million grant from B.C. government

Long sought-after funds to bolster organization’s important work

A prowling coyote proved no match for a stray black cat who chased it out of a Port Moody parking lot Friday, May 14. (Twitter/Screen grab)
VIDEO: Little but fierce: Cat spotted chasing off coyote by Port Moody police

The black cat is seen jumping out from under a parked car and running the wild animal out of a vacant lot

The Nanaimo Timbermen and Victoria Shamrocks compete in Western Lacrosse Association action in Nanaimo during the 2019 season. (News Bulletin file photo)
WLA cancels another senior A lacrosse season due to COVID-19

Western Lacrosse Association, Major Series Lacrosse announce cancellation of Mann Cup

The top photo is of a real carbine rifle, while the bottom photo is the airsoft rifle seized from a Kelowna man on May 15. (Contributed)
RCMP issue warning: ‘Imitation firearms need to be dealt with responsibly’

A man brandishing his airsoft rifle in public had his weapon seized by Mounties on Saturday

Abbotsford Regional Hospital. (Black Press Media files)
Canada marks 25,000 COVID-19 deaths since the pandemic began

6 in every 10,000 Canadians died of COVID-19 since March 9, 2020

Staff-Sgt. Svend Nielsen, with the 100 Mile House RCMP. (Melissa Smalley - 100 Mile Free Press)
14-year-old boy killed in serious ATV crash near 100 Mile House

Youth was travelling with a group of peers when the incident occurred last Friday

Relief is coming for B.C.’s struggling tourism sector. (NEWS file photo)
B.C. officials set to announce more support for tourism sector hit hard by pandemic

Non-essential travel is restricted between three regional zones in B.C. until at least May 24

This image released by Universal Pictures shows Nathalie Emmanuel, left, and Vin Diesel in a scene from “F9.” (Giles Keyte/Universal Pictures via AP)
The blockbuster movie is making a comeback this summer

Excitement in the industry is growing again for a return to a big-screen normal

More “strings of lights” were seen on May 15, 2021, in night sky over Vancouver Island. (File photo)

Most Read