The Constitutional Challenge to the new ICBC injury caps and tribunal regime imposed on British Columbians by the BC Government is now underway!
The challenge states that the caps regime for injuries sustained in car accidents after April 1, 2019 unfairly discriminates against injured victims suffering from mental disabilities, chronic pain or concussions in violation of Section 15 of the Charter of Rights.
The challenge also states that the division of powers section (Section 96) of the Constitution of Canada is violated.
In the past, several challenges to caps regimes in other provinces did not succeed (none of these cases went before the Supreme Court of Canada, however).
Why could it be different this time?
None of the other injury caps regimes attempted to restrict the ability of victims to access Canada’s Superior Courts (staffed by judges appointed by the federal government) based on their injury type through the use of a provincial tribunal. In other provinces with injury caps, it’s up to the superior courts to make the decision as to whether an injury is a minor or non-minor injury.
Furthermore, the other provinces that have “minor” injury caps on victim compensation do not single out victims with the misfortune of suffering from chronic pain, psychiatric injuries or concussions for “special treatment” as is being attempted now in BC.
If you have any questions about how the new ICBC injury caps may affect your injury claim, please phone Dyson Law immediately for your free, first time consultation.
Remember that you should not rely on ICBC or well meaning non-lawyers for advice on the intricate and always changing landscape of BC injury law.
Instead, please call the experienced lawyers at Dyson Law now!
PLEASE PHONE (604) 876 – 7000 FOR ICBC HELP NOW!
Here is the link to the Notice of Civil Claim challenging the ICBC injury caps: