ICBC Expert Reports Limited

6% Cap to Profit ICBC Could be Illegal and Unconstitutional

According to the Petition filed by the Trial Lawyers Association of BC ( “TLABC”) on March 15, 2024 the Disbursements and Expert Evidence Regulation,  (the “DEER”)  is an unauthorized exercise of government authority and infringes the Charter  Rights of car accident claimants. The NDP government openly admit that this legislation was brought in to benefit…

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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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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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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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