Disbursements and Expert Evidence Regulation

6% Cap on Case Expenses for Car Accident Claimants: Case Review

Background to the 6% Cap on Disbursements The Disbursements and Expert Evidence Regulation caps disbursements in personal injury cases at 6% of the plaintiff’s total damages post-trial or settlement. It only applies to vehicle injury proceedings, essentially car accident cases. It requires injury claimants to apply to exclude disbursements from this cap before the disbursement…

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ICBC’s Minor Injury Defense Fails to Stay Lawsuit

In this personal injury case, Ross v. Hammer, 2023 BCSC 2306  the defendants sought a stay on the injury claimant’s Supreme Court lawsuit until the Civil Resolution Tribunal (CRT) determined whether the injuries from a motor vehicle accident were minor as per the Insurance (Vehicle) Act. The CRT’s jurisdiction over this matter, as outlined in…

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Disbursements and Expert Evidence Regulation

Case Expenses Excluded from the 6% Disbursement Cap

In the first reported 6% disbursement cap case,  Nagra v. Prasad,2023 BCSC 2297 the plaintiff sought an exclusion of disbursements under the Disbursements and Expert Evidence Regulation, B.C. Reg. 31/2021. The regulation, effective November 27, 2023, capped disbursements at 6 percent of a plaintiff’s total damages, requiring applications to exclude disbursements before they are incurred.…

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ICBC Denied Minor Injury Cap Defence

In this personal injury case the car accident occurred in February 2021. The plaintiff alleged severe and ongoing injuries affecting her ability to work as a registered nurse.(Wiggins v. Yokota 2023 BCSC 219) The ICBC lawyer originally on the case did not plead the Minor Injury cap as a defense. The new lawyer sought to…

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6% Cap on Injury Victim Case Costs Brought Back by NDP

Financial hardship is expected for those injured in car accidents in British Columbia. David Eby and the NDP have brought back the 6% cap on injury victim’s case expenses. The Disbursement and Expert Evidence Regulation will create prejudice for those injury victims left fighting ICBC and their lawyers. The change in law prevents injury victims…

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ICBC Settlements 2022 for Personal Injury

Bad News for those Injured in Car Accidents Settlements with ICBC to compensate for pain and suffering are ending. The BC NDP has created laws to prevent innocent victims of car accidents obtaining compensation for these losses. The current government have extinguished individual rights in favour of increasing the powers of the auto monopoly ICBC.…

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David Eby Misled the Public about ICBC No-Fault Insurance

 Insurance Corporation of British Columbia and David Eby, the Minister Responsible for ICBC Before Attorney General David Eby brought in ICBC no-fault auto insurance he told the public this would not happen. Mr. Eby said no-fault auto insurance would not be considered. Injury victims relied on Mr. Eby to be truthful and continued to pursue…

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ICBC Power to Deny Injury Costs Overturned

Injury Claimants Now  Entitled to Fair Costs Auto insurance monopoly ICBC has lost the ability to deny injury claimants case costs in this dramatic Supreme Court ruling ( ICBC 6% rule overturned). ICBC claimants can now obtain more money to compensate for case expenses. Many of these injury cases have dragged on due to ICBC’s…

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ICBC Settlement Regret – Injured Claimant Denied Chance to Overturn Low ICBC Offer to Settle

In prior posts, we discussed the NDP’s scheme to have ICBC injury claims decided by the BC Civil Resolution Tribunal.  This is an appointed tribunal and all disputes are handled online.  The tribunal was intended by the NDP to significantly limit the legal rights and compensation of ICBC injury victims.  Most troubling, the NDP removed…

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ICBC Minor Injury Tribunal Found to be Illegal

The Attorney General David Eby’s scheme to have ICBC injury claims decided by an appointed tribunal is unconstitutional, says Judge Hinkson. Specifically, the Civil Resolution Tribunal (CRT) does not have the power to (1) label ICBC claimants as having “minor injury”, nor do they have the power to (2) decide on liability and damages for…

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