This case involves a Vancouver MVA with the passenger of one car, Ms. A.S., suffering serious injuries to jaw, neck, back and leg but more importantly, permanent brain injury. The driver of the other car involved accepted 100% responsibility. A lawsuit was launched against ICBC and the other driver.
Four years later, Ms. A.S., as plaintiff, was told by her lawyer E.S. That the case was lost and no one received a dime. However, ICBC payment details from their claims information system tell a different story. Over a three year period, ICBC paid over $ 27,000 in general damages - but not to the plaintiff.instead, the payments were made to the law firm of ICBC's DEFENCE COUNSEL. Furthermore, the ICBC claims information system revealed over $ 26,000 was paid to the plaintiff's lawyers, ($ 12,835 to her lawyer E.S. And $ 13,675 to lawyer D.A., a personal injury specialist enlisted to the case by E.S.). The injured party, Ms. A.S., received NOTHING but did end up with the permanent brain injury. ICBC not only denied the victim compensation to which she was surely entitled, but even managed to deprive her of the minor general damages which they paid to the wrong law firm.
Further evidence of lawyerly misconduct and inappropriate disbursements by ICBC was found with the Court Order, which dismissed the lawsuit without costs and with the condition that no person involved is under legal disability. Plaintiff and defence lawyers sign off on the Order. But both lawyers were aware, from various medical reports, of Ms. A.S.'s disabling brain injury. It is clear the Court was deceived.
So, what would be the outcome when these facts were presented to the various "authorities" involved in this case.
- when presented with this information, the ICBC Fairness Commissioner found there was no unfair
treatment of Ms. A.S..
- the Information and Privacy Commissioner likewise found further disclosure of the ICBC records would
be harmful to their economic interests.
- the Law Society of BC found the evidence insufficient to take action.
- the RCMP dismissed the ICBC and Court documents as irrelevant.
- a letter of appeal to the Chief of the Law Society and copied to the Chief Justice of BC was dismissed by
the former and ignored by the latter.
- several other lawyers were approached to try and obtain redress for Ms. A.S. All declined to become
involved. The smell of this case as a cover up is strong.
One may therefore conclude that misconduct by ICBC and lawyers is easily perpetrated, especially on the disabled. Unethical behavior by those organizations does not appear to result in any punitive consequences. Self regulation by the Law Society is proclaimed, but in fact the Society's purpose is to protect their members. Lawyers look after their own first, and the public bears the cost.
Can anything be done about the shameful, even corrupt conduct of these powerful organizations?
Victims need to come forward, via Twitter, Facebook and the web. Examples of abuse should be directed to the Premier of BC, the Solicitor General re ICBC, the Attorney General re the Law Society and the Opposition Leader in the Legislature. If at least some of the multitude of people wronged by the system make their stories known, perhaps the politicians will take corrective action and amend the law.
We, the public, must demand action.
For example, a laymen panel of ordinary citizens could be empowered to override the questionable, disputed decisions of ICBC and the Law Society. They would have the power to make the final decision in the appeal process. As many would agree, self regulation for public service bodies does not work well. Lawyers reviewing the actions of other lawyers is a sham. ICBC decisions on claims need a better appeal process than advising the claimant to hire a lawyer.
If people with genuine complaints about ICBC and personal injury lawyers would share their stories on the RIP OFF site and if they would send their grievances to the politicians... Would real change occur?
Lets find out! Participate!
Email addresses for the politicians are readily available on the BC Gov't website.
Primary contact for the AG is Sarah Harrison
Primary contact for the Solicitor Gen. Is Julianne McCaffrey
The premier has a dedicated address
The Opposition Leader is Adrian Dix.
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