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

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.”

Mainly clear and sunny skies are expected for the Okanagan-Shuswap region this week. (Maxpixels photo)
Warm, sunny week ahead in Okanagan-Shuswap

Daytime highs will reach the low 20s with mainly clear skies this week

File photo
Trip for cigarettes costs Princeton man $500 and a lecture

You’ve got to start obeying the rules of the road, says judge

The health authority will occupy the building until October 31, 2021. File Photo
Health authority pays town $7.4K monthly to lease Riverside Centre

Facility is being rented for COVID vaccinations

THE CANADIAN PRESS/Darryl Dyck
B.C.’s mass vaccination program will be delivered to Princeton residents from a clinic set up at the Riverside Community Centre. (Darryl Dyck/CP photo)
COVID vaccinations bookings began for local residents last week

Riverside serves as Princeton’s appointment centre

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’

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

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

Shayla, an 8-pound black and grey Havanese, was stolen from outside a store on Banks Road on Saturday. (Contributed)
Stolen pup located, Kelowna RCMP confirms

Mounties said on April 12 that Shayla, the 8-pound, black and grey Havanese dog, has been located safe and sound

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

A sign on a shop window indicates the store is closed in Ottawa, Monday March 23, 2020. The Canadian Federation of Independent Business is raising its estimate for the number of businesses that are considering the possibility of closing permanently. THE CANADIAN PRESS/Adrian Wyld
Small business struggling amid COVID-19 pandemic looks for aid in Liberals’ budget

President Dan Kelly said it is crucial to maintain programs to help businesses to the other side of the pandemic

The National Security and Intelligence Committee of Parliamentarians says that includes attempts to steal Canadian research on COVID-19 and vaccines, and sow misinformation. (AP Photo/Esteban Felix)
Intelligence committee warns China, Russia targeting Canadian COVID-19 research

Committee also found that the terrorist threat to Canada has shifted since its last such assessment

Most Read