The BC Supreme Court could be mitigating some of the $390 million in projected ICBC savings.

Earlier this month, it struck down sections of the Civil Resolution Tribunal Act that looked to eliminate trials in front of a judge for injury claims under $50,000. That was one of the cost savers in the ICBC shift to the no-fault insurance model.

Acumen Law’s Kyla Lee says it’s troubling anytime government takes power away from judges and gives it to tribunals. “[Tribunals] are staffed by people who don’t necessarily have to have any legal education, who are appointed and serve at the pleasure of government ministers, all of that kind of dilutes confidence overall in the justice system. And anytime something like that happens we have to have concerns about the fairness of that process.”

Lee says a trial in front of a judge for many things in this country is a constitutional right and our provincial government shouldn’t be messing with people’s constitutional rights.

“A trial in front of a judge for many things in this country is a constitutional right and our provincial government shouldn’t be messing with people’s constitutional rights.”

The province will be taking the issue to the BC Court of Appeal. That will include a request for a stay-of-proceedings so the civil resolution tribunal can continue to handle any minor injury claims.

Attorney General David Eby has said that despite the decision by the BC Supreme Court, he remains confident in the province’s no-fault auto insurance system. He adds that it won’t have any impact on the rebate heading to drivers this month or the 20% insurance-rate savings.