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

Trying to open the door on Smithers pot retail

Three Bulkley Valley men look to open Smithers’ first cannabis store on Main Street.

Broken axle caused New Hazelton train derailment: TSB

It could happen again without a different way to inspect trains

Smithers man sentenced to 51 days on nuisance charges

Frederick Patrick was released on bail on outstanding assault charges after breach sentencing

Not guilty pleas in sexual assault/forcible confinement case

Three Hazelton area men will face 8-day trial

One in critical condition after train hits grader near Smithers

The collision occurred at the Lawson Road crossing in the rural community of Quick

National Energy Board approves Trans Mountain pipeline again

Next step includes cabinet voting on the controversial expansion

B.C. Special Olympics officially underway in Vernon

Athlete’s Oath: “Let me win. But if I cannot win, let me be brave in the attempt.”

Vancouver Aquarium wants your help to name a baby killer whale

The public helped name Springer’s first calf, Spirit, and is being asked to help with the second

Guards protest firing of fellow officers charged with assault at B.C. prison

Corrections officers demonstrated in Maple Ridge on Friday afternoon

Skier dies at Revelstoke Mountain Resort

Cause of death for young man has not been released

R. Kelly charged with 10 counts of sexual abuse

R&B star has been accused of sexual misconduct involving women and underage girls for years

More sailings coming to 10 BC Ferries’ routes

Transportation Minister Claire Trevena said the sailings were originally cut in 2014

Cryptocurrency exchange CEO who suddenly died leaves Kelowna house in will

Gerald Cotten, holding the keys to money tied up in his virtual currency exchange, died in December.

Regulator’s report, coming today, unlikely to settle Trans Mountain pipeline battle

The Trans Mountain pipeline will remain a controversial topic both in the political ring and out

Most Read