Canadian Lawyer

w w w . c a n a d i a n l a w y e r m a g . c o m F E B R U A R Y 2 0 1 9 13 R E G I O N A L W R A P "We are all going to the tribunal," he says, predicting that as lawyers wind through new reforms and the BCCRT, it will be overrun with cases. The Trial Lawyers Association of BC has actively publicized legislative changes with seminars and continued education ses- sions and materials. Nick Peterson of Collins Peterson LLP Personal Injury Lawyers in Vancouver has been a presenter and authored a paper, "'Minor Injury' Cap Legislation and Regula- tions — New Changes to Injury Claims," which sets out some of the profession's concerns. "There is no spectrum of injury or consequential impact on a person. The CRT is the deciding tribunal for minor injury determinations, not the courts — subject to an application for judicial review on a pre-defined and highly deferential standard of review, being patent unreasonableness," he said in his paper. During an interview, Peterson says he also agrees that rather than reduce claims, the severe guidelines for injuries could have the inverse reaction and drive individuals unhappy with the cap to seek further legal redress. Injury lawyer Albert Roos of Sugden McFee & Roos LLP in Vancouver has also provided input to the TLABC continued edu- cation program with a paper on Bill 20, the Insurance (Vehicle Amendment Act), 2018, entitled "Legal and Medical Implications and Opportunities." Roos says the paper discusses the "bread and butter" issues facing lawyers who now take on these cases, emphasizing that it is important that both lawyers and physicians seeing individuals with vehicle-related injuries understand the implications of these being labelled minor, especially if reclassification is sought. "Proof may depend upon skilled legal representation which assists the claimant to access comprehensive post-accident health care services, gather persuasive medical evidence, maximize wage loss benefits and make effective submissions to an adjudicator of the Civil Resolution Tribunal," Roos said in his paper. "Lawyers must consider the steps that they will take to avoid a determina- tion of 'minor injury,' and their ability to recover their costs if that effort is not successful." Prince George lawyer Garth Wright says he doesn't expect caps to lessen business at his firm as lost ICBC files can be replaced by other business. Also, northern B.C. and the Yukon suffer from a lawyer shortage. "We are usually beating business away with a stick," he says. The real loss, Wright says, is to the northern residents who already suffer from a lack of medical spe- cialists and therapists and now are left with less legal support. Wright says there is a cooperative spirit in northern com- munities and he is committed to helping where he can but the reforms, if enforced stringently, will affect law firms. He is in a "wait and see" position and has monitored Alberta, which has had caps longer. — Jean Sorensen VIEW 2019 Canada's leading in-house counsel discuss their top priorities and challenges for 2019 TUNE IN canadianlawyermag.com/inhouse/videos Presented by

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