ARTICLE
13 February 2020

No Way?! No Fault!!

CW
Clark Wilson LLP
Contributor
Clark Wilson is a multifaceted law firm based in Vancouver, BC with a strong track record of being highly integrated into our clients’ businesses. Known for our industry insight, entrepreneurial culture and strategic networks, we actively seek to connect our clients with the people, resources and solutions they need to succeed.
This morning it was announced that ICBC will move to a "no-fault" system starting May 1, 2021.
Canada Insurance
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This morning it was announced that ICBC will move to a "no-fault" system starting May 1, 2021.

No-fault insurance guarantees medical and rehabilitation benefits while removing the ability to litigate over damages – except in limited circumstances. Those situations include: street racing, impaired driving and faulty manufacturing.

This measure follows several other attempts to control the ICBC "dumpster fire", including "caps" (which are being challenged) and changing the Rules of Court to limit the use of expert reports in personal injury actions (which was found unconstitutional because there was no judicial discretion written into the Rule).

In addition, the announcement included details regarding changes to the Evidence Act concerning expert evidence. Specifically:

  • on the issue of damages, a party is limited to 3 experts – one in Fast-Track actions – and there is judicial discretion to permit more; and
  • disbursements will be limited to $3,000 per report to a maximum of 5% of the total damages.

As we have in the past, Clark Wilson will schedule a seminar in the near future to update you on the details and the impact of this significant announcement. In the meantime, please contact me with any questions you may have.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
13 February 2020

No Way?! No Fault!!

Canada Insurance
Contributor
Clark Wilson is a multifaceted law firm based in Vancouver, BC with a strong track record of being highly integrated into our clients’ businesses. Known for our industry insight, entrepreneurial culture and strategic networks, we actively seek to connect our clients with the people, resources and solutions they need to succeed.
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