The BC government is making more noise about Rule of Court reforms regarding expert opinion evidence in personal injury cases in an effort to save ICBC money. Their not so subtle message is that Plaintiff’s hire too many experts to prove their claims. If cases released by the BC Supreme Court today are any guide it is ICBC that is in need of reform when it comes to the practice of hiring physicians hoping to refute collision related injuries.
In three separate cases published today by the BC Supreme Court three separate judges found ICBC hired expert opinions deserved “little weight“.
In the first case (Francello v. Cupskey) the Plaintiff was injured in two collisions. ICBC retained a physician who provided opinion evidence minimizing the Plaintiffs injuries in connection to the crash. In finding this opinion deserved “little weight” Mr. Justice Burnyeat provided the following comments: