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.

BC legislatureICBC

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Midway mill shutdown expected to last 8 to 10 weeks

Vaagen Fibre Canada cites low inventory, road restrictions as reason for shut down

First presumptive case of coronavirus identified in the Interior Health region

The woman, in her 30s, travelled from Shanghai and lives in the interior

Students test out future careers with WorkBC visit

By far, WorkBC tour manager said, the airplane pilot station was a favourite

Tonnes of food diverted to food bank from Grand Forks grocery store

In December alone, the Boundary Community Food Bank took in more than 4,000 kgs of perishable food

Construction on Castlegar cannabis facility to start soon

Craft cannabis park will be first of its kind in Canada.

VIDEO: Minister reports ‘modest progress’ after blockade talks with First Nation

Wet’suwet’en hereditary chiefs say Coastal GasLink does not have authority to go through their lands

Henrique scores 2 as Ducks soar past Canucks 5-1

Vancouver tumbles out of top spot in Pacific Division

Trudeau cancels Caribbean trip amid pipeline protests across Canada

Protests against Coastal GasLink have disrupted rail service

B.C. VIEWS: Inaction on pipeline protests not a viable response

Columnist Frank Bucholtz on how the Coastal GasLink pipeline dispute got so bad

PHOTOS: Top 10 memories of the 2010 Olympics

Black Press Media’s Jenna Hauck, shares some of her most memorable images of 2010 Winter Games

#FoxForFiver: Support grows in B.C. to put Terry Fox on new $5 bill

Terry Fox’ Marathon of Hope raised money for cancer research

Registration opens soon for BC 55+ Games in Richmond

2020 55+ Games have been officially scheduled for Sept. 15 to 19

Trudeau confers with cabinet ministers as rail blockades continue

The Trudeau government has been criticized for not doing more to end the blockades

Canadian nurses’ unions warn national standards for coronavirus protection too low

President says safety protocols nationwide are inadequate compared to those in Ontario and other countries

Most Read