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 A P R I L 2 0 1 9 13 R E G I O N A L W R A P the independent [B.C. Supreme Court] Rules Committee, which is comprised of justices of the Supreme Court of Brit- ish Columbia and a number of senior lawyers from around the province from various areas of practice, including law- yers who do defence work for ICBC," the statement said, adding that the decision was made behind cabinet doors by order- in-council precluding public debate. "Passing such consequential changes to our system of civil justice with no legisla- tive debate is undemocratic. Time and again, this government seems to favour ICBC's financial interests over the legal rights of British Columbians, and this rush to pass restrictions on how victims of negligence must prove their cases at law is the most recent illustration of making car accident victims pay for reckless driving," said the release. The TLABC declined Canadian Law- yer's request for an interview with associa- tion president Ron Nairne, a motor vehicle injury lawyer. Personal injury trial lawyer Craig McTavish says he has always been con- servative in his use of experts and expert reports but the new rules mean lawyers need to carefully consider their court strat- egy using experts and look at how the new rules affect cases currently in progress. He is currently handling a fast-track case where he needs a second report and is having to weigh options of how to obtain that needed report under the new rules. McTavish says expert opinions and reports vary according to a case's complex- ity. In brain injuries, several professional reports may be needed to define the extent of the injury, followed by the need to gather impact information on the person's life and how awards will facilitate the indi- vidual's care or rehabilitation of injuries. If a lawyer representing a client is restricted by the limitations from gathering the infor- mation, he says, it means a return to court to obtain consent and subsequent delays. "I gather we will be asking justices for further reports," he says. McTavish says judges may also be requesting more reports as they "don't like to guess," giving the example of an old case where he forewent getting an economist report for a financial estimate only to be asked by the judge to obtain one. McTavish says it would have been easier to bring in the rules limiting experts but it should have simply included the phrase "unless the court otherwise orders" and then permit counsel at a case's onset to determine and explain how many expert reports were needed. "If a lawyer has eight experts, the justice can say that is way over the top," he says, and the judge could make a determination of which reports were needed to decide a case and award. The new order-in-council states it was made "after consultation with the Chief Justice of the Supreme Court, the Lieuten- ant Governor, by and with the advice and consent of the Executive Council." A full copy of the new rules can be found on the B.C. government website. — Jean Sorensen Find immediate access to more than 80,000 barristers, solicitors and Quebec notaries, corporate counsel, law firms and judges across Canada plus legal and government contact information and more. Order your copy today! Call 1.800.387.5164 or visit www.store.thomsonreuters.ca for a 30-day no risk evaluation copy. Hardbound • Published .BSDI On subscription $184.50* • One time purchase $205* 0SEFS/PL7798-8406 • ISBN 978-0-7798-8406-3 Multiple copy discounts available *Plus shipping/handling and applicable taxes. Prices subject to change without notice. 2019 Canadian Law List Untitled-2 1 2019-03-13 8:05 AM

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