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

Okanagan weather watch: Snow on the way

Flurries have been predicted for most of the Okanagan Valley today

Have you heard the legend of Shuswaggi, the Shuswap Lake monster?

Witness accounts as old as 1904, and as recent as 2018, place a creature in the lake’s depths

Complex-care facility adds 60 long-term care beds

Mount Ida Mews hosts grand opening of second phase in Salmon Arm

UPDATE: One dead after crash on Highway 97A near Armstrong

Police have confirmed that one person is dead following an accident on Highway 97A Friday

National Energy Board approves Trans Mountain pipeline again

Next step includes cabinet voting on the controversial expansion

Rescued Kelowna skier shares appreciation of COSAR team

A skier was found out of bounds near Big White by Central Okanagan Search and Rescue

Pope’s sex abuse prevention summit explained

It’s A high-stakes meeting designed to impress on Catholic bishops the global problem

B.C. ticket holder winner of $25.9-million Lotto Max jackpot

Next draw set for Mar. 1 with an estimated jackpot of $10 million

Girl heard saying ‘Help my Dad’ in suspicious radio message on Vancouver Island

Police asking for help following mysterious signals from somewhere between Comox and Sayward

Reports of rashes prompt closure of all Harrison Hot Springs pools

Public pool available after Fraser Health shut down all five mineral pools until further notice

No treatment for highly infectious measles, says doctor

10 cases of measles confirmed in Vancouver as of Friday

Two more measles cases confirmed in Vancouver

It brings the number of total cases within the city connected to the outbreak to ten

Piles of debris hauled from Summerland rock slide site

Material removed from site would more than fill an Olympic swimming pool

Most Read