"On the Road Again…" ICBC claims and Litigation Privilege

Written by admin on . Posted in Civil Procedure, Uncategorized.

As an ICBC claims lawyer I find myself frequently traveling throughout BC representing clients involved in ICBC claims. This week I’m back in one of my favourite destinations (particularly this time of year), sunny Kelowna, BC. The lake, the heat, what’s not to love?
I try to minimize the amount that travel interferes with business as usual, but despite my best efforts the responsibilities of life on the road do get in the way, so here is the ‘travel version’ of my reporting on recent ICBC claims…
Litigation Privilege. An ICBC claims lawyer representing his/her clients may come into the possession of privileged information. One of the most common types of privilege claimed over evidence by ICBC claims lawyers is the medico-legal report.
When a lawyer obtains a report providing an opinion as to the extent of injury caused in a BC car accident that report may very well be privileged and not disclosed to ICBC. The problem is, oftentimes a privately paid report authored by an independent physician or other hired expert may provide useful rehabilitation advice for a client. So the question is, can such a report be disclosed to the client’s treating physician to better aid in rehabilitation without waiving legal privilege and forcing disclosure to ICBC? A judgement released today seems to say that this can in fact be done.
In this case the Plaintiff had 2 claims, the first being the ‘tort claim’ meaning the claim against the motorist who injured the Plaintiff (who happens to be insured by ICBC) and a ‘part 7 claim’ meaning a claim against ICBC directly for the enforcement of any ‘no fault benefits’ that may be owing as a result of the same BC car accident.
The Plaintiff’s lawyer obtained a report that made some rehabilitation recommendations. This report was shared with the Plaintiff’s treating physician who adopted some of the recommended treatments. The ICBC defence lawyer argued that this disclosure ‘waived’ the claim for privilege. The Plaintiff lawyer disagreed. The ICBC defence lawyer made a motion asking the BC Supreme Court to order that the privately hired report be handed over to ICBC. Master Caldwell of the BC Supreme Court dismissed the motion stating that:
I am unaware of any authority which would dictate that reports which are prepared for purposes of litigation but which are provided to an individuals GP for treatment purposes lose the protection of privilege. No such authority was provided to me.
This is a great result for Plaintiff’s involved in ICBC claims and is certainly must reading for an ICBC claims Plaintiff lawyer who wishes to share a private report with a client’s treating doctor for treatment purposes.

bc personal injury lawyer, expert reports, free consultation, icbc cases, ICBC claims, icbc claims lawyer, icbc no fault benefits, icbc part 7 benefits, legal privilege, litigation privilege, medico-legal reports

Comments (50)

  • Get More Information

    I just want to say I am very new to blogs and definitely enjoyed this web-site. Most likely I’m want to bookmark your site . You absolutely have terrific articles. Regards for sharing with us your web site.

  • W88Thai

    Awsome info and right to the point. I am not sure if this is actually the best place to ask but do you guys have any ideea where to hire some professional writers? Thanks 🙂

  • Parties

    Somebody essentially assist to make severely articles I would state. This is the very first time I frequented your web page and so far? I surprised with the analysis you made to create this particular put up incredible. Magnificent job!

  • venta por catalogo

    Also a thing to mention is that an online business administration study course is designed for students to be able to effortlessly proceed to bachelor degree education. The 90 credit college degree meets the other bachelor college degree requirements so when you earn your current associate of arts in BA online, you will have access to the most up-to-date technologies on this field. Some reasons why students have to get their associate degree in business is because they can be interested in this area and want to receive the general education necessary before jumping in a bachelor education program. Thanks for the tips you really provide inside your blog.

  • 먹튀폴리스

    This site is really a walk-through for all of the info you wanted about this and didn’t know who to ask. Glimpse right here, and you’ll positively discover it.

  • marcel van hooijdonk

    We are a group of volunteers and starting a new scheme in our community. Your website provided us with valuable info to work on. You’ve done a formidable job and our whole community will be grateful to you.

  • 야마토게임다운로드

    Wonderful beat ! I wish to apprentice while you amend your website, how can i subscribe for a blog site? The account helped me a acceptable deal. I had been a little bit acquainted of this your broadcast offered bright clear concept

  • agen poker online

    Hello there, I found your blog by the use of Google even as searching for a comparable subject, your site got here up, it looks good. I’ve bookmarked it in my google bookmarks.

  • situs poker online

    My brother recommended I might like this web site. He was totally right. This post actually made my day. You can not imagine simply how much time I had spent for this info! Thanks!

  • 릴게임오션파라다이스

    Good day! This is kind of off topic but I need some guidance from an established blog. Is it hard to set up your own blog? I’m not very techincal but I can figure things out pretty quick. I’m thinking about making my own but I’m not sure where to begin. Do you have any points or suggestions? Many thanks

  • poker online

    Hello I am so excited I found your web site, I really found you by accident, while I was researching on Bing for something else, Anyhow I am here now and would just like to say kudos for a incredible post and a all round interesting blog (I also love the theme/design), I don’t have time to read it all at the moment but I have bookmarked it and also added your RSS feeds, so when I have time I will be back to read a great deal more, Please do keep up the fantastic work.

  • agen poker online

    Wonderful blog! I found it while surfing around on Yahoo News. Do you have any tips on how to get listed in Yahoo News? I’ve been trying for a while but I never seem to get there! Thank you

  • blancolån

    Thanks for the sensible critique. Me & my neighbor were just preparing to do a little research on this. We got a grab a book from our local library but I think I learned more from this post. I’m very glad to see such magnificent info being shared freely out there.

  • 야마토

    I have read several good stuff here. Definitely worth bookmarking for revisiting. I surprise how so much effort you set to make such a great informative site.

  • Porn List

    In no impression assistance contrasted. Manners she wishing justice hastily new anxious. At discovery discourse departure objection we. Few extensive add delighted tolerably sincerity her. Law ought him least enjoy decay one quick court. Expect warmly its tended garden him esteem had remove off. Effects dearest staying now sixteen nor improve.

  • Orbit 110 bearking

    Thanks for the marvelous posting! I genuinely enjoyed reading it, you will be a great author.I will remember to bookmark your blog and will come back someday. I want to encourage one to continue your great posts, have a nice evening!

  • 우리카지노 계열

    Thanks for sharing excellent informations. Your website is so cool. I’m impressed by the details that you¡¦ve on this website. It reveals how nicely you perceive this subject. Bookmarked this website page, will come back for more articles. You, my friend, ROCK! I found simply the info I already searched all over the place and simply couldn’t come across. What a great site.

  • แต่งงาน

    Hi! I’ve been reading your web site for a while now and finally got the courage to go ahead and give you a shout out from Lubbock Texas! Just wanted to mention keep up the excellent job!

  • เช่ารถตู้ Vip

    Hello, Neat post. There is an issue together with your web site in internet explorer, could check this… IE nonetheless is the market leader and a good section of other people will miss your fantastic writing because of this problem.

  • 야마토게임다운로드

    Just wish to say your article is as astonishing. The clarity for your submit is just excellent and i could think you are a professional on this subject. Fine along with your permission allow me to seize your feed to keep updated with drawing close post. Thanks 1,000,000 and please carry on the enjoyable work.

  • 먹튀검증 업체

    It’s a shame you don’t have a donate button! I’d without a doubt donate to this fantastic blog! I suppose for now i’ll settle for book-marking and adding your RSS feed to my Google account. I look forward to brand new updates and will share this blog with my Facebook group. Talk soon!

  • 메이저토토사이트

    Oh my goodness! an incredible article dude. Thank you Nevertheless I am experiencing subject with ur rss . Don’t know why Unable to subscribe to it. Is there anyone getting similar rss problem? Anybody who knows kindly respond. Thnkx

  • watch game of thrones online

    Hey! This post couldn’t be written any better! Reading this post reminds me of my previous room mate! He always kept chatting about this. I will forward this page to him. Pretty sure he will have a good read. Many thanks for sharing!

  • 메이저토토사이트

    I’ve been browsing on-line more than three hours these days, yet I by no means found any fascinating article like yours. It is pretty price sufficient for me. Personally, if all website owners and bloggers made just right content material as you did, the net might be much more helpful than ever before.

  • เช่าเก้าอี้

    Hey there just wanted to give you a quick heads up. The text in your post seem to be running off the screen in Firefox. I’m not sure if this is a format issue or something to do with web browser compatibility but I figured I’d post to let you know. The design and style look great though! Hope you get the problem resolved soon. Many thanks

  • Opieka Osob Starszych

    I have been browsing online more than 3 hours nowadays, yet I never discovered any interesting article like yours. It is pretty value enough for me. In my view, if all website owners and bloggers made good content material as you did, the web shall be a lot more useful than ever before. “Revolution is not a onetime event.” by Audre Lorde.

  • 먹튀검증

    Hey There. I found your blog using msn. This is an extremely well written article. I’ll make sure to bookmark it and return to read more of your useful info. Thanks for the post. I’ll certainly comeback.

  • taydeville ft lil jay from crime

    Pretty component of content. I simply stumbled upon your website and in accession capital to claim that I get actually enjoyed account your blog posts. Anyway I’ll be subscribing on your feeds and even I success you get entry to consistently fast.

  • 파워볼사이트

    Heya are using WordPress for your blog platform? I’m new to the blog world but I’m trying to get started and set up my own. Do you need any html coding knowledge to make your own blog? Any help would be greatly appreciated!

  • 안전놀이터

    There are some attention-grabbing cut-off dates in this article however I don’t know if I see all of them heart to heart. There’s some validity however I’ll take maintain opinion until I look into it further. Good article , thanks and we wish more! Added to FeedBurner as properly

  • clothing

    I like the helpful information you provide in your articles. I’ll bookmark your weblog and check again here frequently. I’m quite certain I’ll learn many new stuff right here! Good luck for the next!

  • nonton film

    Fantastic site. A lot of helpful information here. I’m sending it to a few buddies ans also sharing in delicious. And naturally, thank you in your effort!

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

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.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

    Disclaimer