ICBC Law

BC Injury Law and ICBC Claims Blog

BC Attorney General Admits Court Rule Changes Brought Without Judicial Approval

Earlier this month BC’s Attorney General surprised the legal community with changes to the BC Supreme Court Rules limiting the number of expert reports in motor vehicle injury prosecutions.  The rule changes were brought without notice to the profession, were retroactive and ultimately will lead to ICBC paying for countless expert reports already in existence that the new rule deems useless.

Today BC’s Attorney General candidly admitted that this rule change was brought unconventionally and without judicial approval.  Legal challenges are being readied against this rule which appears to have been brought for an improper purpose, namely not to fix a procedural problem but rather to save a single institutional litigant money.  In any event here are Attorney General Eby’s words confirming the judiciary did not approve this surprise rule change

 The rules committee did not recommend these changes and was not asked to approve these changes. These changes were a decision made by government.”

Changes to the BC Supreme Court Rules require statutory consultation with the Chief Justice of the Court.  It is unclear just how meaningful a consultation occurred but today’s press release makes it appear that the consultation may have been little more than window dressing.

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