FILE - Premier John Horgan at #BCTECHSummit 2018. (flickr/Province of British Columbia)

B.C. government considering options in ICBC medical expert case: Horgan

Changes aimed at curbing costs at the financially troubled Insurance Corp. of B.C.

Premier John Horgan says the B.C. government hasn’t decided if it will appeal a court ruling that throws out restrictions on the number of medical expert reports that can be used in auto insurance claims that go before judges.

The British Columbia Supreme Court has set aside the limitation, which Attorney General David Eby introduced as part of a number of changes aimed at curbing costs at the financially troubled Insurance Corp. of B.C.

Justice Christopher Hinkson says limiting the number of medical expert reports to three in a case is unconstitutional and encroaches on the court’s jurisdiction to control its process.

His ruling this week says it restricts the core function of the court to decide a case fairly using the evidence adduced by the parties.

Horgan says he is disappointed by the ruling and the Finance Ministry is looking at the impact it will have on ICBC.

He also disagreed with the Trial Lawyers Association of B.C. when it disputed a government claim that limiting testimony at trials would save $400 million a year.

“We made the decision to move in this direction, with the rules of court, because the costs were so high,” he said. “If lawyers can do it for a fraction of the price, then good for them, but that’s certainly not the evidence of the billings that we were receiving.”

READ MORE: B.C. loses court ruling on limiting experts in ICBC injury cases

The lawyers association, which acted as a petitioner in the case, says it was concerned the proposed changes would compromise the access litigants have to a fair trial.

Horgan said the court’s decision means the province will have “to reboot and take a look at the budget issues.”

“This decision is going to give us pause. We’re going to have to take stock on how we can best provide insurance for drivers.”

Changes to the public insurer’s payments and procedures were announced last year, shortly after Eby referred to ICBC as a “financial dumpster fire.”

He said in February that accident injury claims have increased 43 per cent in the past five years and the use of experts has contributed to a 20 per cent rise in the corporation’s injury settlements in the past year.

The latest fiscal year ended March 31 and the corporation announced in February that its projected deficit was $1.18 billion, on top of the $1.3 billion loss posted over the 2017-18 fiscal year. (CHNL, The Canadian Press)

The Canadian Press

READ MORE: ICBC willing to loosen grip on driver claim data, David Eby says

Like us on Facebook and follow us on Twitter

Just Posted

B.C. First Nation Chief Ed John faces historic sex charges

John served as minister for children and families under then-premier Ujjah Dosanjh

RCMP traffic stop leads to recovery of stolen Peterson Contracting service truck

Welder found in the back of a different vehicle by RCMP

Acwalscta students take on Spirit North bike race

Spirit North is an athletics program that aims to engage First Nations youth in sports

BCTF rejects mediator’s recommendations for settlement

Negotiations between B.C. teachers and the province will continue

Isaac Mack BCRA 2019 Bullriding Champion

Mack wrapped up the BCRA season with $12,484.99 in season earnings.

‘It’s been 12 years’: Father of murdered B.C. real estate agent pleads for mayor’s help

Lindsay Buziak was stabbed to death on Feb. 2, 2008 in Saanich. Her case is unsolved.

B.C. to restrict nicotine content, bring in 20% tax on vaping products

Province will also restrict candy and fruit flavoured vaping products to adult-only stores

B.C. woman sends fight to reduce preventable medical errors to Victoria

Teri McGrath and South Okanagan senior’s centre members presented 150 signature petition to local MLA

Nearly half of B.C. drivers nervous in winter conditions: BCAA

‘Wait and see’ approach common practice for 32% of B.C. motorists

Yelling at your dog might hurt its long-term mental health: study

Researchers find dogs trained using negative reinforcement are more ‘pessimistic’

At least 3 hurt in California school shooting, gunman sought

Los Angeles County Sheriff’s Department looking for a male suspect in black clothing was seen at the location

Transgender inmate in Surrey denied transfer to women’s prison

Petitioner argued denial of transfer to women’s prison was unreasonable and unfair

Most Read