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

Gotham Nightclub pumps up the jams for the first time this weekend

Gotham Nightclub is taking place of Level Nightclub eight months after it closed its doors

New trial ordered for Salmon Arm optician convicted of sexually assaulting 14-year-old boy

Kenneth Pilkington was ininitally found guilty of the offense

Sockeye Salmon return to Okanagan Lake for the first time in decades

The Okanagan Nation Alliance and Fisheries and Oceans Canada restored a fish ladder damaged over 50 years ago

Sentencing date set for former West Kelowna teacher charged with child luring

Former Mount Boucherie teacher Bradley Furman will be sentenced on Dec. 16

Big Wreck will play the Kelowna Community Theatre Nov. 3

Big Wreck is a Canadian-American rock band formed by Ian Thornley in 1994

B.C. mayor apologizes for removal of Queen’s portrait from council chambers

‘I prefer to be inclusive of the many aspects of our history’

Hergott: Driving and talking to a passenger

Lawyer Paul Hergott writes about distracted driving with passengers

Alcohol a possible factor in crash that killed 17-year-old girl near Williams Lake

A pickup truck left the road and rolled over on Highway 20 on the weekend

Summerland man celebrates 100th birthday

Bill Kenzle credits positive attitude as secret to a long life

Rare bird spotted in Victoria draws enthusiasts from across the continent

It’s the first time a yellow-browed warbler has been reported on the mainland of North America

B.C. woman must pay $1,000 after unleashed dog bites another

Owner should never have left Bibi unattended, tribunal member wrote

Halloween musical creeps onto the Summerland Community Arts Centre stage

Tracy Fehr and the Voice Studio Singers perform on Oct. 25.

Vernon player wins ATP tour event, named to Davis Cup squad

Vasek Pospisil joins Raonic, Shapovalov and Auger-Aliassime in representing Canada

Most Read