New Bill Looks to Give ICBC Immunity From the Courts

This week the BC Government introduced two bills that look to give ICBC more power at the expense of British Columbians.  The Insurance (Vehicle) Amendment Act and the Civil Resolution Tribunal Amendment Act.
As previously discussed, the first Bill looks to label almost every injury suffered by collision victims as “minor” stripping people’s right to compensation.  Included in the Government’s definition of ‘minor’ injury are:

  • Chronic Depression
  • Post Traumatic Stress Disorder
  • Conversion Disorders
  • Chronic Pain Syndromes
  • Chronic physical injuries
  • Disabling physical injuries
  • All psychological “conditions”
  • All psychiatric “conditions”

The government is trying to sell this to the public by arguing it is fair to strip the rights of collision victims with the above injuries in order to give all people injured in collisions (including the at fault motorist) more generous rehabilitation benefits.  The Devil is in the details however and included in the proposed legal reforms is ICBC judicial immunity.
If ICBC refuses to pay these so-called more generous benefits the law gives them judicial immunity.  Division 7 of the Civil Resolution Tribunal Amendment Act takes away the public’s right to challenge ICBC’s denial of accident benefits in court and instead requires “the determination of entitlement to benefits paid or payable” to go through a Tribunal not run by judges but instead Government appointed bureaucrats.
Before the Government passes these changes  into law a fundamental question is do you trust ICBC so much that they should be granted judicial immunity?  If not, please speak up to your MLA immediately as the window to do so is short.

ICBC Injury Cap Lawyer, ICBC Minor Injury Caps

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ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

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