B.C. Attorney General David Eby has vowed to clean up the financial ‘dumpster fire’ that is ICBC. (Tom Fletcher/Black Press)

B.C. Attorney General warns trial lawyers about ICBC challenges

Loss of reforms would have ‘catastrophic effect’ on rates, David Eby says

As the B.C. government presses ahead with changes designed to rein in injury costs against the Insurance Corp. of B.C., Attorney General David Eby is hinting that the province has another option that personal injury lawyers would like even less.

“In going after these reforms, they should be careful what they wish for, because there won’t be many options left for government after that,” Eby said Thursday, in reference to legal challenges by the Trial Lawyers Association of B.C. that could cost ICBC billions of dollars if they succeed.

One lawsuit challenges Eby’s move to limit expert witnesses in injury cases. The B.C. Supreme Court upheld the challenge last week, and the government has yet to decide whether to appeal or pass new legislation to limit experts to three a side in suits involving more than $100,000 in potential damages.

The trial lawyers have also launched a challenge to Eby’s move to impose a $5,500 cap on “pain and suffering” awards in vehicle accidents, and moving injury claims below $50,000 to a civil resolution tribunal rather than court.

“If those measures fail, the civil resolution tribunal and the cap on pain and suffering awards, those measures that are saving British Columbians about $1 billion a year, it would have a catastrophic impact on rates,” Eby said. “If they fail in court because of the trial lawyers’ challenges of them, it doesn’t leave government a lot of options in terms of how to move forward.”

Asked if that meant switching to no-fault insurance as other provinces have done, Eby only smiled as he entered the daily government caucus meeting.

RELATED: ICBC improving, but not yet out of the red, Eby says

RELATED: Trial lawyers sue BC over minor injury payouts

Saskatchewan, Manitoba, Ontario and Quebec have no-fault insurance, where a scale of payments applies to specified types of injury. Quebec has what a consultant for the Trial Lawyers Association of B.C. calls “pure no-fault,” where people have no access to courts in motor vehicle accident cases.

Leonard Krog, a lawyer, former NDP MLA and now mayor of Nanaimo, has referred to no-fault insurance as a “meat chart,” where major injuries such as loss of a limb are assigned a fixed monetary award that fails to take into account the particulars of each case.

WorkSafeBC has a similar system for adjudicating awards for people injured on the job.

Eby told Black Press on Tuesday that ICBC’s financial statements for 2018-19 showed that personal injury law firms made about $500 million from the corporation in that year alone.

“This is the first year we’ve reported these numbers, so they definitely were eye-opening for me,” Eby said.


@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

Penticton woman to ‘load up the cart’ with toys for local hospital

Pascale-Ann Demers launched a GoFundMe to upgrade the toy supply at Penticton Regional Hospital

Cannery Brewing’s patio expansion plans delayed by COVID-19

Once open, the new patio will look quite different than originally planned

Playgrounds to reopen across the Okanagan on June 1

After nearly two months closure, playgrounds are set to reopen

Long-time South Okanagan principal retires, another takes the helm

Jeff Redden will start as principal of Naramata Elementary School in August

100 miles in 24 hours: a B.C. man’s mission to support the less fortunate

Merritt’s Darius Sam felt he needed to help his community after an encounter with a struggling woman

Mission prison COVID-19 outbreak ends, 9 new cases in B.C.

New positive test at Port Coquitlam care home

VIDEO: Humpback whales put on quite a show

The ‘playful’ pod lingered by a Campbell River tour operator’s boat for quite some time

RCMP request public’s help in locating missing Salmon Arm man

Ken Derkach is a familiar face to many, one of the city’s residents who is without a home

Booze on Kelowna beaches? Mayor says ‘not at the moment’

Mayor Colin Basran says alcohol in public spaces is not on council’s radar right now — but that could change

Getting hitched at historic B.C. gold rush town still on table during COVID-19 pandemic

Micro-weddings, online visits, offered at Barkerville Historic Town and Park

VIDEO: Police look for suspect seen tripping elderly woman in Burnaby

The elderly woman was walking near the SkyTrain station when she was randomly tripped

Drunk man on a dirt bike and prohibited drivers without insurance keep Shuswap RCMP busy

Other calls resulted in excessive speed tickets and the arrests of two prohibited drivers

Summerland amends procedure for virtual council meetings, adding transparency

During COVID-19 pandemic, meetings have been held using online technology

Motor trike crashes into hole in Kelowna

A man was taken to hospital after crashing his trike on Anderson Road

Most Read