Rising accident rates and payout costs have contributed to billion-dollar deficits at ICBC. (Comox Valley Record)

Rising accident rates and payout costs have contributed to billion-dollar deficits at ICBC. (Comox Valley Record)

B.C. appealing decision keeping ICBC injury cases in court

David Eby vows to ‘clip wings’ of personal injury lawyers

As he hinted last week when his key effort to get lawyers out of most ICBC injury cases was rejected by a judge, Attorney General David Eby says the province is appealing the decision.

“We will be appealing the decision of the B.C. Supreme Court in relation to the constitutionality of the Civil Resolution Tribunal determining claims related to ICBC,” Eby said Monday. “It is not automatic to apply for a stay, and we have not yet made a decision about applying for a stay.”

The Trial Lawyers Association of B.C. challenged legislation brought in by Eby to cap minor injury awards and move smaller court disputes to the Civil Resolution Tribunal, which was set up to resolve strata property disputes. The lawyers lauded the latest ruling by Chief Justice Christopher Hinkson of the B.C. Supreme Court, which also questioned Eby’s core argument that court costs are a major driver of huge losses at the Insurance Corp. of B.C.

“The court has declared that it is unconstitutional for the government to simply re-assign the determination of accident claims to its own online tribunal, and out of the courts,” the Trial Lawyers Association said in a statement March 2. “In so doing, the court has provided a check on the government’s ability to create its own tribunal to decide claims against ICBC, while at the same time affirming the historic right of accident victims to pursue remedies for their injuries before the courts.”

When Hinkson’s decision was released March 2, Eby said he would continue his work to curtail costs of a “multi-million dollar personal injury industry that we’re clipping the wings of.” He followed up on that commitment March 8,because the ministry estimates ICBC stands to save $390 million by diverting injury disputes under $50,000 to the tribunal. The new system is supposed to begin in May.

B.C. is the only Canadian province that still has an entirely court-based system for resolving vehicle injury claims.

RELATED: B.C. moves to remove lawyers from most ICBC cases

RELATED: ICBC’s ‘lowball’ injury offers aren’t increasing lawsuits


@tomfletcherbc
tfletcher@blackpress.ca

Like us on Facebook and follow us on Twitter.

BC legislatureBC politicsICBC

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

Just Posted

A syringe is loaded with COVID-19 vaccine at a vaccination clinic run by Vancouver Coastal Health, in Richmond, B.C., Saturday, April 10, 2021. THE CANADIAN PRESS/Jonathan Hayward
Interior Health announces 89 cases of COVID-19 in the region

Currently, there are 900 active cases in the region

The original retaining walls were made out of metal stakes and boulders. (Urban Options)
Peachland council denies permit for already-built retaining wall

Wall was built before moving through development permit application process

B.C. wineries are open for indoor tasting despite new provincial health regulations. Photo- 
50th Parallel Winery, Instagram.
Indoor wine tastings still allowed in B.C., not considered a ‘social gathering’

“Tasting is really just part of the retail experience. The analogy I use is you wouldn’t buy a pair of pants without trying them on.”

The District of Peachland seen from the skies over Highway 97. (Contributed)
Peachland council supports RDCO emergency operations grant application

The district’s emergency operations are managed regionally

Burnaby MLA Raj Chouhan presides as Speaker of the B.C. legislature, which opened it spring session April 12 with a speech from the throne. THE CANADIAN PRESS
B.C. NDP promises more health care spending, business support in 2021 budget

John Horgan government to ‘carefully return to balanced budgets’

A five-storey, 60-unit building has been proposed for 8709 Jubilee Rd. E., Summerland. The proposal will be the subject of a public hearing on March 22. (Image by GTA Architecture)
Zoning, OCP amendments adopted for Summerland housing development

Council gives final readings for controversial five-storey, 60-unit housing development

A youth was arrested following a car crash on Wallace Street on Saturday, April 10. (Karl Yu/News Bulletin)
Onlookers laugh and jeer as B.C. teen beaten, then forced to strip and walk home

Police arrest older teen, call video shared on social media ‘disturbing’

The Red Pill Rapper performs to the crowd gathered for the Rally For Food Security at Blackburn Park on Saturday, April 10, 2021. (Kristal Burgess Photography)
The Red Pill Rapper performs to the crowd gathered for the Rally For Food Security at Blackburn Park on Saturday, April 10, 2021. (Kristal Burgess Photography)
Suspicion of ‘fake news media’ makes rally uncomfortable for Salmon Arm event photographer

More than 300 people counted at city park for ‘Rally For Food Security’

A lady wears a sticker given out after receiving a COVID-19 vaccine at a clinic in Richmond, B.C., Saturday, April 10, 2021. THE CANADIAN PRESS
B.C.’s COVID-19 case count slows after last week’s peak

3,219 new cases since Friday, 18 additional deaths

North Cowichan councillor Tek Manhas did not violate the municipality’s code of conduct by posting a sexist meme on Facebook, council concludes. (File photo)
B.C. municipality to take no action against councillor who posted sexist meme

Tek Manhas’s meme doesn’t violate North Cowichan council’s code of conduct, municipality concludes

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

The former Summerland Asset Development Initiative building on Prairie Valley Road in Summerland was suggested as the site for a temporary transitional housing facility for the community. However, Summerland council has rejected this proposal. (John Arendt - Summerland Review)
Summerland council rejects transitional housing facility

Concerns raised about short timeline and condition of municipally-owned building

Penticton Vees continue their winning streak carrying a 5-0 win title as of Sunday night's hockey action. (Cherie Morgan/Cherie Morgan Photography)
Penticton Vees continue winning streak

Sunday night’s 6-1 win has them with five in a row since the start of the season

Most Read