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

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic January 7, 2021. THE CANADIAN PRESS/Nathan Denette
Employers might be able to require COVID-19 vaccination from employees: B.C. lawyer

‘An employer must make the case’ using expert science, explains lawyer David Mardiros

New three-storey seniors housing complex being builton the corner of Church Avenue and Victoria Street in Vanderhoof. (Aman Parhar/Omineca Express)
Housing availability a top priority for district: mayor

In Vanderhoof, 146 properties sold in 2020 worth $42.7 million

Sara Guenther, 102-years-old is the first resident in Vanderhoof to have received the COVID-19 vaccine. (Northern Health photo)
Vanderhoof receives first shipment of COVID-19 vaccine

Long-term care residents at the Stuart Nechako Manor along with staff were vaccinated Friday.

The COVID-19 outbreak at the two Coastal GasLink workforce lodges has officially been declared over. (Lakes District News file photo)
COVID-19 outbreak at Coastal GasLink worksites declared over

In total, 56 cases were associated with the outbreak in the Burns Lake and Nechako LHAs

U.S. Senator Bernie Sanders sits in on a COVID-19 briefing with Dr. Bonnie Henry, provincial health officer, and Adrian Dix, B.C. minister of health. (Birinder Narang/Twitter)
PHOTOS: Bernie Sanders visits B.C. landmarks through the magic of photo editing

Residents jump on viral trend of photoshopping U.S. senator into images

From the left: Midway RCMP Csts. Jonathan Stermscheg and Chris Hansen, Public Servant Leanne Mclaren and Cpl. Phil Peters. Pictured in the front are Mclaren’s dog, Lincoln and Peters’ dog, Angel. Photo courtesy of BC RCMP
B.C. Mounties commended for bringing firewood to elderly woman

Cpl. Phil Peters said he and detachment members acted after the woman’s husband went to hospital

Dr. Jerome Leis and Dr. Lynfa Stroud are pictured at Sunnybrook Hospital in Toronto on Thursday, January 21, 2021.THE CANADIAN PRESS/Frank Gunn
‘It wasn’t called COVID at the time:’ One year since Canada’s first COVID-19 case

The 56-year-old man was admitted to Toronto’s Sunnybrook Health Sciences Centre

An Uber driver’s vehicle is seen after the company launched service, in Vancouver, Friday, Jan. 24, 2020. Several taxi companies have lost a court bid to run Uber and Lyft off the road in British Columbia. THE CANADIAN PRESS/Darryl Dyck
Taxi companies lose court bid to quash Uber, Lyft approvals in British Columbia

Uber said in a statement that the ruling of the justice is clear and speaks for itself

A 75-year-old aircraft has been languishing in a parking lot on the campus of the University of the Fraser Valley, but will soon be moved to the B.C. Aviation Museum. (Paul Henderson/ Chilliwack Progress)
Vintage military aircraft moving from Chilliwack to new home at B.C. Aviation Museum

The challenging move to Vancouver Island will be documented by Discovery Channel film crews

A video posted to social media by Chilliwack resident Rob Iezzi shows a teenager getting kicked in the face after being approached by three suspects on Friday, Jan. 22, 2021. (YouTube/Rob i)
VIDEO: Security cameras capture ‘just one more assault’ near B.C. high school

Third high-school related assault captured by Chilliwack resident’s cameras since beginning of 2021

FILE - In this Feb. 14, 2017, file photo, Oklahoma State Rep. Justin Humphrey prepares to speak at the State Capitol in Oklahoma City. A mythical, ape-like creature that has captured the imagination of adventurers for decades has now become the target of Rep. Justin Humphrey. Humphrey, a Republican House member has introduced a bill that would create a Bigfoot hunting season, He says issuing a state hunting license and tag could help boost tourism. (Steve Gooch/The Oklahoman via AP, File)
Oklahoma lawmaker proposes ‘Bigfoot’ hunting season

A Republican House member has introduced a bill that would create a Bigfoot hunting season

Economic Development and Official Languages Minister Melanie Joly responds to a question in the House of Commons Monday November 23, 2020 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Federal minister touts need for new B.C. economic development agency

Last December’s federal economic update promised a stimulus package of about $100 billion this year

FILE - In this Nov. 20, 2017, file photo, Larry King attends the 45th International Emmy Awards at the New York Hilton, in New York. Former CNN talk show host King has been hospitalized with COVID-19 for more than a week, the news channel reported Saturday, Jan. 2, 2021. CNN reported the 87-year-old King contracted the coronavirus and was undergoing treatment at Cedars-Sinai Medical Center in Los Angeles. (Photo by Andy Kropa/Invision/AP, File)
Larry King, broadcasting giant for half-century, dies at 87

King conducted an estimated 50,000 on-air interviews

Most Read