The Trial Lawyers Association of British Columbia (TLABC) is challenging the provincial government’s changes to ICBC regulations, arguing that they violate the Constitution and the Charter of Rights and Freedoms.
In a press release issued Sunday, the day before changes were slated to take effect, TLABC said the new law would unacceptably restrict British Columbians’ access to the courts and unfairly reduce compensation for those injured on the province’s roads.
“Access to justice is a basic human right guaranteed to us as Canadians under the Canadian Charter of Rights and Freedoms,” said TLABC’s Ron Nairne. “The approach this government has taken to legislative and regulatory changes to address ICBC’s mismanagement problems violates the rights of British Columbians. This should be about protecting the public interest – not about protecting ICBC.”
Among the changes set to take effect Monday are a 6.3 per cent increase in rates for basic insurance, the creation of an independent civil resolution tribunal to handle disputes valued at $50,000 or less, and a cap of $5,500 on pain and suffering awards for minor injuries.
The changes are aimed at balancing the books of the province’s public insurance provider, which has run deficits upwards of $1 billion in recent years.
