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

Nine new COVID-19 cases announced in Interior Health region

The total number of cases since the pandemic started is now at 531 for the region

Downtown Salmon Arm cancels Halloween Treat Trail

First time in 30 years community event won’t be taking place

Shuswap BC SPCA launches spay/neuter program

Program available to low-income residents in the region

Salmon Arm Pride Project festival planned for October

Exhibition designed to bring awareness to LGBTQ2S+ issues through the arts

Need for housing in Salmon Arm climbs while units being constructed

More demand for temporary shelter and much earlier than in 2019

Weekend sees 267 cases, 3 deaths in B.C.; Dr. Henry says events leading to COVID spread

There are currently 1,302 active cases in B.C., while 3,372 people are under public health monitoring

Lightning strike: Tampa Bay blanks Dallas 2-0 to win Stanley Cup

Hedman wins Conn Smythe Trophy as playoff MVP

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Motorcycle rider identified following fatal crash in Peachland

Michael Odenbach died in a motorcycle collision on Sept. 27

Liberals seek to fast track new COVID-19 aid bill after CERB expires

Government secured NDP support for legislation by hiking amount of benefits by $100 to $500 per week

B.C. VOTES 2020: Echoes of HST in B.C. debate over sales tax

Cannabis, tobacco, luxury cars still taxed in B.C. Liberal plan

More victims possible in Okanagan assault case

Vernon police have a man in custody but feel there could be more victims in the case

She warned her son about toxic drugs, then he was dead

Donna Bridgman’s son died at the age of 38 in Vancouver

Most Read