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ICBC Helped by Dumbing of the Courts

The BC NDP have set arbitrary limits on judges access to expert opinion. This will reduce intelligent decision making and eliminate the ability to resolve sophisticated civil disputes.

The dumbing down of the court will have a negative impact on innocent victims. The changes to the expert rules will empower state-run bodies such as ICBC, WCB and BC Hydro to deny legitimate claims. Defendants with
sophisticated insurers will also take advantage of the claimant’s inability to prove their claim.

Attorney General David Eby made it clear, this change is to help ICBC’s bottom line. David Eby told Canadian Underwriter that:

“Restricting the number of experts allowed in litigated cases will generate a one-time, $400-million saving for ICBC for this fiscal year, and an estimated $30 million annually thereafter.”

David Eby’s contempt for expert opinion retards the ability of the court to make intelligent decisions. The erosion of intellectual discourse is a historical marker for negative social change. We can expect further erosion of personal and property rights in BC.

The winners are insurance companies and ICBC, they will pay less money to victims. This will reduce claims costs for the excess liability insurers. The losers are normal people that need access to the courts to resolve complicated disputes.

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Tags: Expert Opinion, Rule 11-6 Service of Expert Reports

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