ICBC statement on court rules change

February 11, 2019

We are very encouraged to see today's announcement from government which addresses one of the major cost pressures impacting our finances and the rates British Columbians pay for their insurance.

Plaintiff disbursement costs for litigated injury claims have increased by 21 per cent this fiscal year over last, with an increased use of medical experts which, in almost all cases, ICBC is responsible for paying for.

ICBC recently conducted a review of 1,200 selected injury files in excess of $100,000 and within three months of trial found that, on average for these files, plaintiff counsel had more than six medical experts per file, many with overlapping skills – more than the Canada Evidence Act allows without leave of the court in any civil or criminal matter where federal law applies. This means more experts were being used in many ICBC injury files than are available to those prosecuting or defending murder charges, complex criminal conspiracies or multi-party complex commercial litigation. 

Government's announcement to change the rules to limit the number of experts and reports allowed in litigated cases will directly address this issue, resulting in savings which will benefit British Columbians and the rates they pay.