The British Columbia Supreme Court has ruled that the restrictions on the number of medical expert reports that can be used in auto insurance court claims be lifted.
The restrictions were introduced earlier this year by Attorney General David Eby as part of a series of initiatives designed to help reduce the costs of the financially beleaguered Insurance Corporation of British Columbia (ICBC).
Under the changes enacted by Eby, parties to auto injury claims will each be allowed only one medical expert, as well as one medical report each for fast-track claims valued at less than $100,000. For other claims, up to three experts and reports may be obtained by the ICBC and plaintiff lawyers in auto injury court cases.
Justice Christopher Hinkson, however, ruled that the restrictions were unconstitutional and impinged on the court’s jurisdiction to control its process. Specifically, the judge said that the restriction prevented the core function of the court to decide a case fairly, using the evidence presented by the parties.
The ruling was passed Thursday, The Canadian Press reported.
The Trial Lawyers’ Association of BC has responded favourably to the court’s decision; the group was a petitioner in the case and argued that Eby’s changes would compromise access to a fair trial.
“Those who have suffered the most severe injuries were at most risk of unfair process,” the association said in a statement. “This is because the more severe the injuries, the more experts that are generally required to understand and explain the extent of damages caused and the associated consequences.”
