As he hinted last week when his key effort to get lawyers out of most ICBC injury cases was rejected by a judge, Attorney General David Eby says the province is appealing the decision.

B次元官网网址淲e will be appealing the decision of the B.C. Supreme Court in relation to the constitutionality of the Civil Resolution Tribunal determining claims related to ICBC,B次元官网网址� Eby said Monday. B次元官网网址淚t is not automatic to apply for a stay, and we have not yet made a decision about applying for a stay.B次元官网网址�

The Trial Lawyers Association of B.C. challenged legislation brought in by Eby to cap minor injury awards and move smaller court disputes to the Civil Resolution Tribunal, which was set up to resolve strata property disputes. The lawyers lauded the latest ruling by Chief Justice Christopher Hinkson of the B.C. Supreme Court, which also questioned EbyB次元官网网址檚 core argument that court costs are a major driver of huge losses at the Insurance Corp. of B.C.

B次元官网网址淭he court has declared that it is unconstitutional for the government to simply re-assign the determination of accident claims to its own online tribunal, and out of the courts,B次元官网网址� the Trial Lawyers Association said in a statement March 2. B次元官网网址淚n so doing, the court has provided a check on the governmentB次元官网网址檚 ability to create its own tribunal to decide claims against ICBC, while at the same time affirming the historic right of accident victims to pursue remedies for their injuries before the courts.B次元官网网址�

When HinksonB次元官网网址檚 decision was released March 2, Eby said he would continue his work to curtail costs of a B次元官网网址渕ulti-million dollar personal injury industry that weB次元官网网址檙e clipping the wings of.B次元官网网址� He followed up on that commitment March 8,because the ministry estimates ICBC stands to save $390 million by diverting injury disputes under $50,000 to the tribunal. The new system is supposed to begin in May.

B.C. is the only Canadian province that still has an entirely court-based system for resolving vehicle injury claims.

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