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

Restaurant patrons enjoy the weather on a patio in Vancouver, B.C., Monday, April 5, 2021. The province has suspended indoor dining at restaurants and pubs until at least April 19 in B.C. due to a spike in COVID-19 numbers. THE CANADIAN PRESS/Jonathan Hayward
B.C. sets new COVID-19 daily record with 1,293 cases Thursday

New order allows workplace closures when infections found

The new 3,500 hectare conservancy in Tahltan territory is located next to Mount Edziza Provincial Park. (BC Parks Photo)
New conservancy protects sacred Tahltan land near Mount Edziza Provincial Park

Project is a collaboration between Skeena Resources, conservation groups and the TCG

Mabel Todd, 83, of the Nak’azdli First Nation, leads a group of family members and advocates of missing and murdered Indigenous women and girls as they walk along the so-called Highway of Tears in Moricetown, B.C. THE CANADIAN PRESS/Darryl Dyck
Province, feds fund full cell service along ‘Highway of Tears’ following years of advocacy

A ‘critical milestone in helping prevent future tragedies’ after at least 10 Indigenous women murdered, missing along the route

Erin O’Toole, Conservative Party of Canada leader, answered questions during a Terrace District Chamber of Commerce event on April 6, 2021. (Screenshot/Terrace District Chamber of Commerce Facebook)
Erin O’Toole discusses Terrace issues during virtual event

Federal Conservative leader answered questions during a Terrace & District Chamber of Commerce event

Tree; Burns Lake library. (Laura Blackwell photo/Lakes District News)
Dragon Tree christened

The Burns Lake Public Library contest for dragon and tree names has… Continue reading

B.C. Health Minister Adrian Dix and Premier John Horgan describe vaccine rollout at the legislature, March 29, 2021. (B.C. government)
1,262 more COVID-19 infections in B.C. Friday, 9,574 active cases

Province’s mass vaccination reaches one million people

As of Saturday, April 10, people born in 1961 are the latest to be eligible for a COVID-19 vaccine. (Black Press files)
B.C. residents age 60+ can now register to get their COVID-19 vaccine

Vaccine registration is now open to people born in 1961 or earlier

A new saline gargle test, made in B.C., will soon be replacing COVID-19 nasal swab tests for kids. (PHSA screenshot)
Take-home COVID-19 tests available for some B.C. students who fall ill at school

BC Children’s Hospital plans to provide 1,200 kits to Vancouver district schools this April

Ruming Jiang and his dog Chiu Chiu are doing fine following a brush with hypothermia that saw several people work together to get them out of the Fraser River near Langley’s Derby Reach Park on March 25, 2021 (Special to the Advance Times)
Man finds men who rescued him from drowning in B.C.’s Fraser River

A grateful Ruming Jiang says he will thank them again, this time in person when the pandemic ends

Tyson Ginter, 7, is proud of his latest Hot Wheels he recently received by Quesnel RCMP Const. Matt Joyce. (Photo submitted)
B.C. Mountie handing out toy cars to light up children’s faces

‘A lot of times it will be the only interaction they have with the police,’ says Const. Matt Joyce

Chief Public Health Officer Theresa Tam speaks during a technical briefing on the COVID pandemic in Canada, Friday, January 15, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Canada’s ICUs see near-record of COVID-19 patients last week as variant cases double

Last week, Canadian hospitals treated an average of 2,500 patients with COVID-19, daily, up 7% from the previous week

University of Victoria rowing coach Barney Williams at the University of Victoria in Victoria, B.C. THE CANADIAN PRESS/Chad Hipolito
UVic, women’s rowing coach deny former athlete’s allegation of verbal abuse

Lily Copeland alleges coach Barney Williams would stand close to her and speak aggressively in the sauna

Librarian Katie Burns with the Fraser Valley Regional Libraries poses for a photo in Chilliwack on June 18, 2019. Monday, April 12, 2021 is Library Workers’ Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of April 11 to 17

Library Workers Day, That Sucks! Day, and Wear Your Pyjamas to Work Day are all coming up this week

Most Read