Attempt to limit experts bound to fail
Re: “Court ruling a $400M blow to ICBC; Judge overturns B.C. order to limit use of medical experts in lawsuits,” Oct. 25.
The decision of B.C. Supreme Court Chief Justice Christopher Hinkson finding unlawful amendments to the rules of court limiting the number of experts an injured person could employ was no surprise to experienced courtroom lawyers.
That decision should not have been a surprise to Attorney General David Eby, who should have known that limiting the evidence judges could hear was such a substantial interference with a judge’s role that it was bound to fail.
If the attorney general had advisers who recommended this rule change, then it’s time to get new advisers. If the idea was Eby’s, then it’s time to get a new attorney general.
First, by limiting the number of experts, ICBC expected to pay less in damages. That means that because the injured were prevented from proving all of their losses, ICBC saved money. By changing the rules of court through the co-operation of a pliable government, this amounted to ICBC swindling people (often themselves ICBC policy-holders) who were suing other ICBC-insured drivers.
The second surprise was that when a government official asked ICBC why it expected to save $400 million a year when the cost of experts in the previous year was only a little over one-third of that figure, ICBC gave no explanation.
This potential $400-million loss figure was cited by Premier John Horgan after Hinkson’s decision as if the amount were a fact.
The problem is that ICBC is an important source of government revenue, which is perhaps the reason no private insurer is allowed to compete.
F. Kenneth Walton, Q.C.
Barrister and solicitor
Victoria
Common sense out the window?
Re: “Driver’s cellphone in view but not in use. A ticket?” Oct. 4.
Have the police gone into a nether world when it comes to issuing distracted-driving tickets? If I look down and grab my french fry and dip it in my ketchup and look at the time on my clock, I might be all right, but god forbid there be a face-down cellphone charging at the same time.
It appears that common sense has been thrown out the window when it comes to distracted driving and breathalyzers. Have the police been given a mandate to blanket all situations under one umbrella and forgo any thoughtful sense of the situation at hand? Their fervour borders on lunacy.
Another concern is the deceiving way ICBC has introduced the new world of insurance premiums. When my insurance was due in late August, I decided to go on the ICBC site, where they had an estimator of what insurance would be under the new format.
I put in all the appropriate info, age 65, no accidents, pleasure only, wife included, etc. and it came out with a figure.
I decided that it was financially in my best interest to park the car for 10 days and wait to do it under the new system.
The estimator had told me that I was going to save at least $125. Come time to purchase the insurance, it was actually more under the new system. Thanks for the estimate, ICBC.
Evan Begbie
Cowichan Bay
Land likely to stay out of urban boundary
Re: “Owners of former golf links delay bid to remove land from agricultural reserve,” Oct. 27.
With its focus on agricultural use of this former golf course, your article misses a larger issue. Saanich and the Capital Regional District have long upheld an essential planning tool called the urban containment boundary — the boundary separating urban areas (higher density, with sewer, buses and other services) from rural areas.
The urban containment boundary takes on even greater meaning in a time of climate emergency, limiting urban sprawl to provide a more sustainable community.
The question of removing land from Agricultural Land Reserve is separate from the urban containment boundary. In the case of the former Royal Oak Golf Course, however, the two are linked.
The large part of the golf course lies outside the urban containment boundary, in rural Saanich. The designation as rural land and the restrictions under ALR are nearly the same.
Thus, the developer would gain nothing from ALR removal unless Saanich would allow this very large change to the urban containment boundary. Of course, Saanich council knows this and, over decades, has fiercely resisted even minor changes to the boundary.
It might not be surprising that the developer has postponed their ALR request. But quarrels over how many potatoes one can grow distract from the larger issue of sustaining climate-resilient Saanich and CRD.
Greg Holloway
Saanich
Apartment buildings top garden suites
Re: “Garden suites growing on Saanich councillors,” Oct. 27.
Let’s address the “reality” of garden suites. Here’s some quick math:
To build a modest garden suite on my 110-by-90-foot lot (with existing house) would cost a minimum of $100,000 — assuming a reputable builder (good luck finding local trades and contractors who have the time), 50 to 100 amp of electrical service, plumbing, drainage, waste services, future infrastructure improvements and general maintenance.
As I am mortgaged on my main domicile for another decade or so (easily), I will not live to see any return on this backyard investment.
I am more than happy, however, to see an increase in my property taxes to build affordable housing in a more practical and dense format — like apartment buildings (remember them?).
Colin Newell
Victoria
Developer sends mixed message
Re: “Despite wall of worry, developer pushing ahead with family home,” Oct. 24.
I live on York Place in Oak Bay, right next door to the Wall Of Worry.
The eight-house subdivision mentioned in your article would have meant that quiet York Place (never in the spotlight), already home to two stratas, would bear all traffic during two or so years of construction and beyond.
Some neighbours gave uneasy support and some objected, but our municipal hall ultimately raised concerns about this proposal, ending discussion.
The wall next to us had already been widened a few feet in July by an Abstract mason, who carefully numbered and wrapped the stones for renovation. This led me to think the company would take as much care with other features of the property, but last week, they wastefully shattered the remains.
If Abstract does value these community assets, as their CEO says in your article — why knock them down at all?
E. Harris
Oak Bay
First we have to pay for the pipeline
Re: “Trans Mountain pipeline to fund $500M in clean-energy projects,” Oct. 25.
Finance Minister Bill Morneau failed to mention a prior claim on the proposed half-billion a year from the TMX, namely, paying for it.
It cost $4.5 billion, and the lowest estimate for construction is $9.3 billion. Call that $14 billion (even without considering interest and overruns), which would take 28 years to pay off at a half-billion a year. Mr. Morneau adds that the half-billion a year wouldn’t start until 2024.
So the best-case scenario is that, in approximately 2052, the TMX would be paid for and could start funding clean-energy projects. It’s not clear how many more clean-energy projects it would take by then to offset the increased oil-sands production required to earn the half-billion a year. Surely a Finance Minister must see the problem.
Even if we have to write off the $4.5 billion, we could spend the $9.3 billion on clean-energy projects now, which would create jobs without creating more emissions to clean up.
Janet Bavelas
Saanich
So long, Alberta, and good luck
Re. “Wexit: Alberta separatist group sees support soar,” Oct. 23
Great idea for Alberta. I am fed up with the whining and complaining by this province, a “one-trick pony” that squandered its billion-dollar legacy fund and did nothing to reimagine a future without oil and gas revenues.
We have known for at least two decades that the oil and gas industry was heading for the ropes. They have done nothing about that reality except bellyache and complain.
They made billions while the sun shone and now they are trying to hoop the rest of Canada into their political bitterness, which is of their own making.
So, become a separate land-locked country and abandon all the infrastructure that you enjoy as part of Canada and try to funnel your oil to ports in the U.S. Good luck with that.
John Stevenson
Victoria
