Before the program was introduced in 2021, Premier David Eby likened ICBC’s finances to a “dumpster fire.” No-fault, or “Enhanced Care” as the government chose to call it, was intended to bring an end of the company’s chronic deficits and ever-growing customer premiums.
In essence, financial awards made under the program are determined by ICBC, the same agency that must pay those sums. A clearer conflict of interest could not be found. Schober and the Trial Lawyers Association of B.C. have filed a lawsuit in B.C. Supreme Court, alleging that no-fault contravenes section 15 of the Charter, which guarantees equality rights. The matter is still before the court.
More than $1 billion was made available, and while much of it has now been distributed, awards are still being made to patients and their families.Because the company has no vested interests at stake and operates at arm’s length from government, it offers a fair means of dispersal.Either of these mechanisms could be adapted to give accident victims the settlements they deserve.