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

Vernon’s History in Pictures

Legendary Vernon hockey player Larry Kwong was fast off the ice as well

Vernon musician streams live performance

Brandon Schmor is latest in QUSIC’s LGBT2Q+ Artist Music Series this Wednesday, Aug. 5, from Kelowna

Vernon trail gets new connection

Connection links the Coldstream Valley Estates and Boss Creek trail segments on Vernon Hill

Tributes aplenty for Vernon realtor, Rotarian

Dave DeShane died suddenly at age 55 on Tuesday, July 28

Sternwheelers once plied Okanagan Lake

Vessels once transported passengers and goods along the Okanagan Valley

VIDEO: Otter pups learn to swim at B.C. wildlife rescue facility

Watch Critter Care’s Nathan Wagstaffe help seven young otters go for their first dip

Police watchdog investigates Kamloops RCMP after stabbing death

The IIO is investigating the police’s lack of success in locating the man charged in stabbing

Forty-three properties near Dry Lake, along Highway 5A, under evacuation alert

Wildfire has been burning out of control north of Princeton for two days

Wildfire near Merritt creates smoke for drivers on Coquihalla

Coldwater River fire was estimated at seven hectares Aug. 3 and classified as out of control

Thompson Okanagan Tourist Association: Who can’t access your business?

TOTA launches video to encourage proprietors to remove barriers

Shuswap pet nutritionist, raw diet advocate to be featured in national magazine

Sicamous-based Deanna Larocque building reputation for canine support

BC RCMP notify IIO BC of incident involving police dog in Kelowna

A suspect and a police dog were taken to receive medical treatment after an incident on Aug. 1.

Alberta man presumed to have drowned after cliff jumping in Peachland

Emergency responders began rescue efforts at around 2:40 p.m. on Aug. 1.

Most Read