BarTalk February 2003
Volume 15, Number 1

Automobile Insurance Committee

by Michael Kew

The Automobile Insurance Committee, a Special Committee of the CBA, was initially created to address the concerns of members about the threat of the imposition of no-fault insurance. The Committee still ranks resisting any move towards no-fault insurance – in any guise – as its first priority. The risk of no-fault insurance being introduced appears to have receded for the present.

The Committee’s second priority is to address areas of concern to members who practise in the automobile insurance arena. Both procedural and substantive matters are addressed.

Recently, in response to Committee discussions with ICBC, the Corporation agreed it would no longer routinely require client’s authorization to deal with counsel.

The Committee sought clarification of the Practice Direction regarding the disclosure of witness lists. The Committee was advised that the Practice Direction was not intended to compromise the substantive rights of the parties and is simply intended to encourage the practice of disclosing witness lists. There are no sanctions provided for failure to comply, as a voluntary move towards disclosure is the objective.

The Committee proposed reforms to s. 103 of Part 7 of the Insurance (Motor Vehicle) Regulation to avoid the needless waste of time and money in issuing accident benefit Writs when negotiations or litigation is ongoing regarding a tort claim. The government has recently replied with some concerns raised by ICBC and a meeting is planned with ICBC representatives in March to discuss those issues.

The Committee is seeking an avenue to ensure the Bar has a voice in establishing the BCMA tariff for the production of clinical records and medical reports.

We successfully lobbied for the expansion of Rule 66, Fast Track Litigation, to all registries.

The Committee’s current major project is to propose significant revisions to the Underinsured Motorist Protection Regulation (UMP). The proposals include maintaining a database of UMP arbitration decisions. The Committee will be meeting with ICBC to discuss these amendments this spring.

The Committee’s duties also include providing input to the Executive on matters affecting the practice of automobile insurance law and civil litigation in general.

The Committee’s chief strength is the varied backgrounds of its members. The plaintiff and defence Bar, mediators, arbitrators and other interested agencies are all represented on the Committee. The Committee maintains an active and positive relationship with both ICBC and the Trial Lawyers Association of B.C.

Michael Kew has practised for more than 20 years in the Trail area of the West Kootenays with a primary focus on personal injury claims. He is the Chair of the CBABC Automobile Insurance Committee.

This article was published in the February 2003 issue of BarTalk and is subject to the copyright by the British Columbia Branch of the Canadian Bar Association, 2005, all rights reserved.