Accident and injury claims continue to rise in B.C. (Black Press files)

B.C. limits ‘duelling’ expert witnesses in ICBC injury cases

David Eby says limits on experts for wage loss, future care

The B.C. government has changed its court rules to limit the number of expert witnesses that can be used in injury lawsuits against the Insurance Corp. of B.C.

Attorney General David Eby said Monday the new rules align B.C. with changes made in other provinces many years ago. The move comes days after ICBC announced it is facing another deficit of more than $1 billion by the end of the fiscal year March 31.

RELATED: ICBC expecting $1.18 billion loss for this year

Lawyers are bringing as many as six experts or their reports into court to speak on issues such as future wage loss and future medical care, while ICBC generally only uses two, he said. Some of those experts provide “expensive medical reports about people they have never met or examined,” Eby said. “It doesn’t advance any interest to have six-plus experts on a claim.”

Under the new court rules, which take effect immediately by cabinet order, parties will be able to use one expert and report for claims of less than $100,000, which the ministry is calling “fast-track claims.” Up to three experts and reports are allowed for all other claims. Judges will still have discretion to permit additional court-appointed or jointly agreed experts to give evidence.

B.C. is not considering going to a no-fault insurance system, and the adversarial court method is being retained, he said. More changes that take effect April 1 will cap pain and suffering claims and divert minor injury claims to an administrative tribunal.

RELATED: ICBC to cap pain and suffering payouts to stem losses

Those changes will affect about 80 per cent of injury claims, and have sparked a legal challenge from the Trial Lawyers Association of B.C., arguing the court’s independence is being affected.


@tomfletcherbc
tfletcher@blackpress.ca

Like us on Facebook and follow us on Twitter.

Just Posted

Trial dates set for three men accused of 2017 killing near Hope

Lawyers for the accused appeared in Kelowna at B.C. Supreme Court on Monday

Abbotsford council OKs bus-to-SkyTrain plan

Fraser Valley Express would begin running to Lougheed Station by start of 2021

Wildfire threatens weekend campers at Chehalis Lake

The fire started on the north side of Chehalis Lake Saturday

Chilliwack car show cancelled due to weather forecast

Popular Village Classic car show will not be rescheduled, say organizers

Agassiz author pens a kingly book

Long-time writer and producer Alexander Hamilton-Brown just finished his first novel

Video shows fireworks shot at swan in Alberta

Alberta Fish and Wildlife is investigating the incident in Grande Prairie

Grey-haired bank robber hit with dye pack in Langley heist

Police are looking for an older man who may be stained with dye

‘Text neck’ causing bone spurs to grow from millennials’ skulls, researchers say

Technology use from early childhood causing abnormal bone growths in 41 per cent of young adults

B.C. teen killed by fallen tree on field trip remembered as hero

13-year-old Tai Caverhill was the first to spot the tree falling and warned his friends

Surrey RCMP raises Pride flag amid din of protesters

There were about 30 protesters on either side, and 20 Mounties doing crowd control

Should B.C. get rid of Daylight Saving Time?

The province wants to know, as state governments down south make the move

Air Canada reviewing how crew left sleeping passenger on parked plane

In a Facebook post, the woman said she woke up ‘all alone’ on a ‘cold dark’ aircraft

Canadians crash out of Women’s World Cup in 0-1 loss to Sweden

Canada missed a chance to tie the game on a penalty shot

New Lower Mainland bistro caters to board game fans and families

Local food and games at every table is the formula for the new business

Most Read