BarTalk June 1999
Volume 11, Number 3

Re: BarTalk, April 1999, Page 15

The April 1999 BarTalk column, “Workers’ Compensation in BC: The Royal Commission’s Final Report” states that “Neither the Canadian Bar Association, the Law Society of British Columbia, nor the Trial Lawyers Association of British Columbia made any submissions to the Commission.” This statement is inaccurate insofar as the Trial Lawyers Association is concerned. In fact, the TLABC made both oral and written submissions to the Commission. I enclose for your information a copy of the written submission dated January 30, 1998, submitted by Robert Brun on behalf of TLABC.

Ed Montague
Trial Lawyers Association of BC

Reply to Ed Montague

The Trial Lawyers Association of British Columbia filed an eight page written submission to the Royal Commission on Workers’ Compensation. It appeared orally on 16 May 1997.

The TLABC’s brief is referenced as item D-PAS-OO8.1 at p. 52 of Volume III, chapter 1 of the Report. It was prepared by Robert C. Brun 604.683.2466. My apologies to the TLABC and Mr. Brun for this error. The TLABC recommended:

1. The abolition of the arbitrary compensation ceiling;
2. Vocational rehabilitation improvements;
3. An independent right of final appeal;
4. Easier access to the Courts;
5. Improvements in timeliness of appeal decisions; and
6. Costs and disbursement awards.

The Royal Commission recommended (2), (3) and (5) but recommended specifically against (1), (4) and (6). Its form of recommendation for an independent final appeal body has, however, not generated any enthusiasm from lawyers and disabled workers.

Craig Paterson
Paterson & Associates

These letters were published in the June 1999 issue of BarTalk.