"No Fault" Insurance in British Columbia

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As a survivor of a very serious car accident, lawyer Lorenzo Oss-Cech knows the importance of focused client care and sound legal advice. Join us today as we take a preliminary look at the Insurance Corporation of British Columbia’s Enhanced Care system (or no fault system) that came into effect on May 1, 2021. This system was designed to increase client care and remove legal fees and other costs associated with motor vehicle accident claims decreasing costs to drivers. It also removed an individual’s right to sue and some think that puts injured and vulnerable people at risk. Whatever side you take, this is a quickly developing story that will be interesting to watch. As ICBC issued two cheques in recent months to drivers, the Supreme Court of British Columbia struck down as unconstitutional key provisions of the Civil Resolution Tribunal Act, and declared that it is unconstitutional for the government to simply re-assign the determination of accident claims to its own online tribunal, and out of the courts. In addition, Reasons for judgment were published this week (May 2021) blasting ICBC for playing a “game of chicken” with an injury claimant in essence taking the claim to trial despite having no meaningful evidence or challenges to the plaintiff’s evidence (see Moon v. Yaranon).

Important Note: People should seek their own legal advice tailored to their own situation. These discussions are for information and discussion only.

Lorenzo Oss-Cech is a partner with the firm Hutchison Oss-Cech Marlatt. Lorenzo has 30 years experience in brain injury settlements, general civil litigation, ICBC injury claims, medical malpractice, construction and building litigation, wealth management and estate planning, employment law, and corporate securities litigation. Having lived in numerous countries, Lorenzo is fluent in four languages. He is very involved in community activism and volunteering and is currently a board member and legal counsel for The David Foster Foundation.

You can discover more about this topic and Lorenzo Oss-Cech at www.hom-law.com where he also has a blog with up-to-date case law analysis on this subject and many more.

Now all of our long form interviews can now be found on your favourite Podcast platform. Please take a look for Ascend Legal 101 on Podbean, Spotify, Amazon Music, Audible, iHeartRadio, Apple and Google Podcasts.





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