Reasons for judgment were recently published by the BC Supreme Court, Vancouver Registry, ordering that an ICBC expert’s report was biased and not admissible at trial.
In the recent case (Didyuk v. Redlick) the Plaintiff was involved in three motor vehicle accidents and was claiming damages. In the course of the lawsuits ICBC used their power to send the plaintiff to an independent medical exam. This resulted in their expert authoring a report making numerous negative comments about the plaintiff’s credibility. In finding that expert was outright biased and not allowing the report into evidence Madam Justice Ahmad provided the following reasons: