B.C.’s trial lawyers are taking the government to court over changes to ICBC, including a new cap on certain accident injury claims, that go into effect Monday.
B.C.’s trial lawyers are taking the government to court over major changes that will go into effect Monday to the way ICBC claims will be handled.
But the association, which plans to file its lawsuit in B.C. Supreme Court in Vancouver on Monday, claims that the cap will discriminate against certain drivers making claims and that the tribunal will unduly restrict access to the courts. “I felt compelled to speak out as I do not believe this government has clearly understood or described the impacts of this legislation on the citizens of B.C., especially those least able to advocate for themselves after an injury resulting from a road accident.”
A draft copy of the notice of civil claim obtained by Postmedia identifies the plaintiffs as the association and an individual referred to as Jane Doe, whose identity is not yet known who suffered a “minor injury” as a result of an accident. The cap scheme also has a “disproportionately adverse effect” upon women, the elderly and persons with pre-existing injuries or other disabilities by linking the definition of “serious impairment” to a “substantial” inability to carry on work or education, it says.
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