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 Quesnel resident receives a shot of the Moderna COVID-19 vaccine earlier this month. (Photo credit: Cassidy Dankochik/Quesnel Cariboo Observer)
IH says COVID-19 vaccines safe despite claims of Lytton physician

Doctor makes unsubstantiated claims about serious side effects of Moderna vaccine

People are shown at a COVID-19 vaccination site in Montreal, Sunday, April 18, 2021, as the COVID-19 pandemic continues in Canada and around the world. THE CANADIAN PRESS/Graham Hughes
211 new COVID-19 cases in Interior Health over the weekend

Currently, there are 875 active cases of the virus in the region

A nurse prepares a dose of the COVID-19 vaccine in Kelowna on Tuesday, March 16. As of April 19, more than 230,000 doses have been administered across the Interior Health region. (Phil McLachlan/Black Press)
More than 230K doses of COVID-19 vaccine administered across Interior Health

A total of 220,216 first doses and 13,775 second doses have been given to residents across the B.C. Interior

B.C. homeowners are being urged to take steps to prepare for the possibility of a flood, this includes protecting one’s home by moving equipment and other assets from these areas to higher ground. (J.R. Rardon)
‘Entire province faces risk’: B.C. citizens urged to prepare for above-normal spring flood season

High-streamflow advisory issued for the Cariboo Region and areas including Williams Lake, Quesnel and Prince George

Elvira D’Angelo, 92, waits to receive her COVID-19 vaccination shot at a clinic in Montreal, Sunday, March 7, 2021, as the COVID-19 pandemic continues in Canada and around the world. THE CANADIAN PRESS/Graham Hughes
110 new cases of COVID-19 in Interior Health

Provincial health officers announced 1,005 new cases throughout B.C.

FILE – NDP Leader John Horgan, right, and local candidate Mike Farnworth greet one another with an elbow bump during a campaign stop in Coquitlam, B.C., on Friday, September 25, 2020. THE CANADIAN PRESS/Darryl Dyck
B.C. won’t be using random individual road stops to enforce travel rules: Safety Minister

Minister Mike Farnworth says travel checks only being considered at major highway junctions, ferry ports

Interior Health issued warning April 18, 2021 of crack cocaine in Penticton that looks similar to the substance above containing fentanyl. (Interior Health photo)
Interior Health warns of fentanyl contaminated crack-cocaine in Penticton

There have been recent reports of overdose associated with the use of this substance

..
Abbotsford nurse at ‘breaking point’ pleads with public to take COVID-19 seriously

Instagram post urges general population to stay home, wear a mask and get vaccinated

A native-to-B.C. wild queen bee (bombus melanopygus for those in the know) feeds on a periwinkle flower. (Submitted/Sarah Johnson, Native Bee Society of BC)
B.C.’s wild bees need messy gardens to survive

The year-long nesting period makes habitat a primary concern for wild bees

FILE – Health-care workers wave to people clapping and yelling thank you to the frontline workers during the 7 p.m.-tribute outside the Lions Gate Hospital in North Vancouver, B.C. Wednesday, April 8, 2020. THE CANADIAN PRESS/Jonathan Hayward
B.C. nurses issue plea for all to follow health orders as hospitalizations spike

Nurses worried about strain COVID-19 is having on hospital capacity, care

University of Victoria rowing coach Barney Williams is photographed in the stands during the Greater Victoria Invitational at CARSA Performance Gym at the University of Victoria in Victoria, B.C., on Friday, November 29, 2019. The University of Victoria says Williams has resigned effective immediately. (THE CANADIAN PRESS/Chad Hipolito)
University of Victoria women’s rowing coach resigns by mutual agreement

Lawsuit filed last summer accused Barney Williams of verbal abuse

Former B.C. premier Christy Clark. (Black Press Media files)
Former B.C. premier to testify at money laundering hearing today

Attorney General David Eby has been added to the witness list as well

Selina Robinson is shown in Coquitlam, B.C., on Friday November 17, 2017. British Columbia’s finance minister says her professional training as a family therapist helped her develop the New Democrat government’s first budget during the COVID-19 pandemic, which she will table Tuesday. THE CANADIAN PRESS/Darryl Dyck
B.C. to table budget that’s expected to deal with COVID-19 pandemic and beyond

Robinson released a fiscal update last December that said the impact of the pandemic on B.C.’s economy was uncertain

Most Read