B.C. appealing decision keeping ICBC injury cases in court – Oak Bay News
As he indicated last week when his main effort to get lawyers out of most ICBC infringement cases was denied by a judge, Attorney General David Eby says the province is appealing the decision.
“We are going to appeal the British Columbia’s Supreme Court ruling on the constitutionality of the Civil Resolution Tribunal to determine claims related to ICBC,” Eby said Monday. “It is not automatic to request a residence and we have not yet made a decision to request a residence.”
The Trial Lawyers Association of BC challenged the laws brought in by Eby to limit minor injury premiums and refer minor legal disputes to the Civil Resolution Tribunal, which was set up to resolve disputes over shift property. The attorneys praised the recent ruling by Chief Justice Christopher Hinkson of the British Columbia Supreme Court, which also challenged Eby’s core argument that court costs were a major cause of huge losses at Insurance Corp. of British Columbia are
“The court has stated that it is unconstitutional for the government to simply assign the determination of accidental damage to its own online tribunal and out of court,” the Trial Lawyers Association said in a March 2 statement. The court has reviewed the government’s ability to Establish a separate tribunal to rule on claims against ICBC, while reaffirming the historic right of accident victims to appeal to court against their injuries. “
When Hinkson’s decision was published on March 2, Eby said he would continue his work to bring down the cost of a “multi-million dollar personal injury industry whose wings we are cutting off.” He followed up on that commitment on March 8, as the Department estimates that ICBC will save $ 390 million by referring infringement disputes under $ 50,000 to the tribunal. The new system is scheduled to start in May.
BC is the only Canadian province that still has a full judicial system to resolve claims for damages.
RELATED: BC Tries To Remove Lawyers From Most ICBC Cases
RELATED: ICBC’s “Lowball” Injury Offers Do Not Increase Lawsuits
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