Limit on experts, expert reports introduced for ICBC settlement cases

Limit on experts, expert reports introduced for ICBC settlement cases
File photo.

The province says proposed amendments to the Evidence Act will speed up motor vehicle claims and reduce the cost of lawsuits.

The B.C. government is proposing a limit to the number of experts and expert reports used in court on the issue of damages while allowing judicial discretion for further reports in appropriate cases.

In a release Monday, the province says increased use of experts has increased the cost of ICBC injury claims by 30 per cent that is litigated since 2017.

“With limits on the number of experts and expert reports, we are reducing the cost, complexity and delay associated with expensive duelling experts,” Attorney General David Eby said in a statement.

“It means that claims will be resolved more efficiently.”

For fast-track claims, including those under $100,000 for example, there will be a limit of one expert and expert report for each party.

The cap is three for each party for all other claims, and the province says the two sides can agree to use more experts without needing to file a formal application to the court.

The proposed regulation would place a limit on the recoverable amount from the unsuccessful litigant for the cost of each expert report to $3,000.

Total recoverable disbursements in motor vehicle personal injury cases would be limited to five per cent of the judgment or settlement.

The province says there are more than 90,000 active auto-insurance claims.

The changes will not take effect for cases filed before Feb. 6, 2020 for a trial before Oct. 1, 2020.


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