Personal Injury News

ICBC Accident and Personal Injury Claims Lawyers Best to Change View on Confidentiality

Here is the who, what, when, where and whys of the new landscape in BC for release of confidential and private documents in ICBC claims. Effective up to date advocacy based on leading case authority in ICBC claims can make the difference. Lawyers that specialize in personal injury claims assess the risks of disclosing your personal medical and income documents to ICBC before settlement or trial.
With ICBC being the only government auto insurance company in the Province ICBC  has possession of a claimants personal information at the beginning of any litigation. Here is a start to what you need to know when it comes to releasing documents to ICBC :
1.Who?- Prior to the changes in the Civil Rules  there was an assumption by lawyers  in ICBC injury claims that confidential material had to be disclosed to ICBC’s legal advisers once an injury claimant filed a lawsuit. It was considered to be “the risks undertaken when bringing an action”( 2012 BCSC 1142 para 19) .
2. What? – The  Supreme Court Civil Rules now limit document disclosure at the close of pleadings.  Only documents that could be used at trial to prove or disprove a material fact need be listed in the uncomplicated ICBC claim.
3. When?- Since June, 2010 the Civil standard for document disclosure in ICBC cases and personal injury cases in general has changed.
4. Where?- These changes effect all ICBC claims, civil claims, and personal injury claims in the  British Columbia Supreme Court.
5. Why? – To make our system of civil justice more cost effective and the processes available to litigants and their lawyers be proportionate to the claim at hand.
Take a read of the Supreme Court of Canada case of Halls v. Mitchell, p. 138- great law and has never been overturned. The Court points to the legal, social and moral imperative behind the duty of confidentiality which I believe will be part our our new legal landscape in ICBC claims.
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A., LL.B.


One responseICBC Accident and Personal Injury Claims Lawyers Best to Change View on Confidentiality

  • Broad Document Disclosure Appeal Allowed | Holness Law Group

    March 27, 2015 4:06am

    [...] more our article Release of Confidential and Private Documents in ICBC claims and learn more about what documents must be disclosed to ICBC after a car [...]

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"Renn A. Holness is a gifted lawyer and author to over 1000 legal blog articles. Married father of two daughters, son of a neurosurgeon and founder of Holness Law Group."

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