Does ICBC need to conduct a full trial with cross examination of the experts?
British Columbia, Canada
The following excerpt is from MacDonald v. Insurance Corporation of British Columbia, 2014 BCSC 2155 (CanLII):
ICBC says that the resolution of the issues in this action requires a full trial with cross examination of the experts, citing Toukaeva v. ICBC, 2006 BCSC 1140 and Young v. Insurance Corporation of British Columbia, 2012 BCSC 1421. However in Toukaeva, the court found that were inconsistencies in the plaintiff’s own expert reports regarding the need for the benefits, in addition to reports filed by the defence refuting the medical basis for ongoing benefits. In addition, some expert reports supported the view that the disability was caused by pre-existing conditions.
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