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12 A P R I L 2 0 1 9 w w w . c a n a d i a n l a w y e r m a g . c o m R E G I O N A L W R A P B R I T I S H C O L U M B I A GOVERNMENT LIMITS EXPERT USE IN INJURY CLAIMS B ritish Columbia has brought in amendments to its Supreme Court Civil Rules regulations, which will limit the number of experts and expert reports that can be used in motor vehicle disputes, with further amendments effective next year on all injury claims. In making the announcement, Attorney General David Eby said it was required to further stem the more than $1 billion in losses that the Insurance Corporation of B.C. is projecting once the final figures are tallied for 2018. The increased use of experts has contributed to a 20-per-cent increase in ICBC's litigated injury settlements over the last year. The move, he said, is also in line with other provinces' court rules. "The intent of these reforms is to avoid the costs and delays associated with the disproportionate use of experts and reports that we are seeing used today, without removing access to further expertise in situations where it's necessary," said Eby. "These changes are meant to encourage greater use of court-appointed or joint experts to provide a more neutral expert opinion and assist the court in determining appropriate amounts for injury claims." Rule 9-7 was amended Feb. 11 to add sub-rule 11-8, with two schedules: one relating to motor vehicle claims of injury or death and a second schedule — effective Feb. 1, 2020 — relating to all personal injury claims and deaths. The regulation rule amendment for motor vehicle cases is bro- ken into two possible ways of proceeding in court using experts and their reports, which address dam- ages flowing from wage loss, future wage loss and future care that can be used by each side in the motor vehicle dispute. The various parties will be able to use a maxi- mum of three experts and reports to bolster their argument. How- ever, there is the second option of "fast-tracking" claims (those less than $100,000 requiring a short hearing) by using only one expert or expert report. The amendments do allow for exceptions such as if both par- ties agree to a joint report or if a judge deems a further report is required. The amendments also limit disbursement payments to three experts and reports, whether those reports are used in court or not. However, disbursements are permitted in cases involving exceptions as well as a responding report made 126 days before a court-scheduled trial date. Schedule 2 of the regulation amendments — taking effect in February 2020 — has rule 9-7 (7.1) of the Supreme Court Civil Rules amended by striking "in relation to a vehicle action" referred to in many sections and referring simply to an "action" in the new revised sub-rule 11-8. The old heading "Experts in Vehicle Actions" for rule 11-8 is amended to "Expert Opinion Evidence on Damages for Personal Injury or Death." Schedule 2 rules parallel most schedule 1 rules (except for the two sections relating specifically to motor vehicles and fast track- ing) and will apply to "all actions, whether or not a notice of claim for the action was filed before the coming into force of this rule," states the issued order. The transition exemptions for existing actions, other than motor vehicle, are for those where expert or export reports have already been obtained before Feb. 1, 2020 and do not affect disbursal payments prior to that date. Capping the number of expert opinions has drawn a sharp rebuke from the Trial Lawyers Association of B.C. "It is concerning to TLABC that the attorney general, who is responsible for the administration of justice for all British Columbians, is forcing such severe restrictions on a victim's right to prosecute her or his claim to the sole benefit of one party, ICBC," the association said in a released statement. No person is quoted in the release. "TLABC understands that the attorney general is forcing these changes unilaterally. He is doing so despite protest from David Eby announces changes to the use of experts in a bid to stem losses to the government's insurance corporation. PHOTO COURTESY OF THE BC GOVERNMENT Order your copy today. Visit www.store.thomsonreuters.ca or call 1-800-387-5164 for a 30-day, no risk evaluation CONNECT INSTANTLY TO ONTARIO'S LEGAL COMMUNITY ONTARIO LAWYER'S PHONE BOOK 2019 Ontario Lawyer's Phone Book is your best connection to legal services in Ontario with more than 1,400 pages of essential legal references. More detail and a wider scope of legal contact information for Ontario: • Over 26,600 lawyers listed • Over 8,700 law firms and corporate offices listed • Telephone numbers, e-mail addresses, office locations and postal codes Perfectbound Published December each year On subscription $87.50* One time purchase $91* Order No. L7798-8405 ISBN 978-0-7798-8405-6 Multiple copy discounts available ntitled-4 1 2019-03-19 9:00 AM

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