Accident rates, injury claims and court costs have driven ICBC into deficit in recent years. (Black Press Media)

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

A Chilliwack Search and Rescue truck heads down Vedder Road towards Cultus Lake to assist a dirtbiker with a broken leg. (Paul Henderson/ Chilliwack Progress)
Emergency crews, SAR busy with three separate outdoor recreation incidents in Chilliwack area

Calls in 1 afternoon include ATV collision, parachuter who fell from tree, dirtbiker with broken leg

Chilliwack’s historic Royal Hotel is offering COVID-style wedding packages for two weeks in June. (Facebook/ Royal Hotel Chilliwack)
Chilliwack hotel offers pop-up, COVID-style weddings for 2 weeks this June

‘Weddings can still happen, albeit in a different fashion,’ says Laura Reid of Royal Hotel

Nick Warmerdam and his dog Diesel are inviting locals to check out the Lakeland Farm U-pick Flower Farm this spring. (Ben Lypka/Abbotsford News)
VIDEO & SLIDESHOW: Abbotsford’s Lakeland Flowers opens for spring

Tulip farm attraction opened on April 14, open to the public daily seven days a week

A man holds a child while speaking with RCMP following an erratic driving incident on Highway 1 in Chilliwack on Friday, April 16, 2021. The child and a woman (but not this man) were in this Jeep Grand Cherokee which hit a barrier and a parked car on Highway 1 and continued driving. The vehicle finally exited the highway at Yale Road West and came to a stop. (Jenna Hauck/ Chilliwack Progress)
Video captures woman driving erratically with child after hitting barrier, car on Hwy 1 in Chilliwack

Smoke seen coming from SUV as it continues to travel eastbound of shoulder of highway

Video image
UPDATE: Bridge traffic moving normally after high-velocity crash involving logging truck

Northbound crash occurred at approximately 2 p.m., involves 6 vehicles, north lanes shut down

Vancouver resident Beryl Pye was witness to a “concerning,” spontaneous dance party that spread throughout social groups at Kitsilano Beach on April 16. (Screen grab/Beryl Pye)
VIDEO: Dance party erupts at Vancouver’s Kitsilano Beach to the dismay of onlookers

‘It was a complete disregard for current COVID-19 public health orders,’ says Vancouver resident Beryl Pye

Pall Bearers carrying the coffin of the Duke of Edinburgh, followed by the Prince of Wales, left and Princess Anne, right, into St George’s Chapel for his funeral, at Windsor Castle, in Windsor, England, Saturday April 17, 2021. (Danny Lawson/Pool via AP)
Trudeau announces $200K donation to Duke of Edinburgh award as Prince Philip laid to rest

A tribute to the late prince’s ‘remarkable life and his selfless service,’ the Prime Minister said Saturday

B.C. homeowners are being urged to take steps to prepare for the possibility of a flood by moving equipment and other assets to higher ground. (J.R. Rardon)
‘Entire province faces risk’: B.C. citizens urged to prepare for above-average spring flooding

Larger-than-normal melting snowpack poses a threat to the province as warmer weather touches down

Vancouver-based Doubleview Gold Corp. is developing claims in an area north of Telegraph Creek that occupies an important place in Tahltan oral histories, said Chad Norman Day, president of the Tahltan Central Government. (THE CANADIAN PRESS/HO)
B.C. Indigenous nation opposes mineral exploration in culturally sensitive area

There’s “no way” the Tahltan would ever support a mine there, says Chad Norman Day, president of its central government

Stz’uminus Elder George Harris, Ladysmith Mayor Aaron Stone, and Stz’uminus Chief Roxanne Harris opened the ceremony. (Cole Schisler photo)
Symbolic red dresses rehung along B.C. highway after vandals tore them down

Leaders from Stz’uminus First Nation and the Town of Ladysmith hung new dresses on Sat. April 17

A Western toadlet crosses the centre line of Elk View Road in Chilliwack on Aug. 26, 2010. A tunnel underneath the road has since been installed to help them migrate cross the road. Saturday, April 24 is Save the Frogs Day. (Jenna Hauck/ Progress File)
Unofficial holidays: Here’s what people are celebrating for the week of April 18 to 24

Save the Frogs Day, Love Your Thighs Day and Scream Day are all coming up this week

Local carpenter Tyler Bohn embarked on a quest to create the East Sooke Treehouse, after seeing people build similar structures on a Discovery Channel show. (East Sooke Treehouse Facebook photo)
PHOTOS: B.C. carpenter builds fort inspired by TV’s ‘Treehouse Masters’

The whimsical structure features a wooden walking path, a loft, kitchen – and is now listed on Airbnb

The Attorney General’s Ministry says certain disputes may now be resolved through either a tribunal or the court system, pending its appeal of a B.C. Supreme Court decision that reduced the tribunal’s jurisdiction. (AP Photo/Mark J. Terrill)
Court of Appeal grants partial stay in ruling on B.C. auto injuries

B.C. trial lawyers challenged legislation brought in to cap minor injury awards and move smaller court disputes to the Civil Resolution Tribunal

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Most Read