B.C. Attorney General David Eby and Premier John Horgan announce their ill-fated referendum on proportional representation voting, June 2018. (Black Press files)

B.C. VIEWS: NDP’s lawyer show is turning into a horror movie

Court actions pile up over pipelines, car insurance, care aides

This column has given credit where credit is due to B.C. Attorney General David Eby. Faced with billion-dollar deficits at the Insurance Corp. of B.C., Eby has capped “pain and suffering” awards and moved minor injuries out of court to administrative hearings.

Naturally, the Trial Lawyers Association of B.C. is suing the province in an effort to prevent the loss of the hugely increased income its members have extracted from ICBC, partly due to aggressive U.S.-style personal injury tactics adopted by B.C. lawyers.

The association’s lawsuit notes that the average ICBC “pain and suffering” payout for 2016 was $16,499, which is “almost exactly three times the cap” legislated by the B.C. NDP government. Now $5,500 is all you can get, and ICBC is back on its way to solvency after a $1 billion bailout from B.C. taxpayers that was included in this year’s B.C. budget.

The election of Jason Kenney as Alberta premier highlights another one of Eby’s legal adventures, one that isn’t going so well.

B.C. now has lawyers working on two separate Alberta cases. One is arguing that B.C. should be able to regulate petroleum shipments from Alberta (diluted bitumen), and the other suggests that Alberta should not be able to restrict shipments of petroleum to B.C. (gasoline, diesel, jet fuel).

Outgoing NDP premier Rachel Notley passed the “turn off the taps” law but didn’t enact it. Eby rushed his team into court to argue that it’s an unconstitutional infringement on trade, but alas, their case was tossed out.

Come back when there’s an actual law in place, Eby was told. With Kenney in the Alberta premier’s office, that will be soon, and B.C. pump prices will likely be headed towards $2 a litre. In 2018, the original Trans Mountain pipeline shipped more than half its volume as crude to Washington state refineries, with smaller shares to the Burnaby refinery and Westridge terminal for export. The smallest share of pipeline space is refined fuels to B.C., and it’s a safe bet that will get smaller. B.C. may have to buy jet fuel from Asia.

As taxpayers absorbed that billing, B.C.’s bid for jurisdiction over heavy crude shipments from Alberta carries on. It’s a “reference case,” basically asking the B.C. Court of Appeal for advice rather than a ruling.

It’s a pathetic little show for anti-pipeline voters, according to Notley, and she’s polite about it compared to Kenney.

Now comes the threat of legal action by a group of social services agencies, whose union employees are getting raises three times as big as their non-union workers. In some cases this happens within the same contracted agency, running care facilities for developmentally disabled children and adults.

READ MORE: NDP avoids questions about $40M union-only wage fund

READ MORE: B.C. braces for another round of Alberta pipeline battle

The B.C. CEO Network, a Prince George-based group representing more than 120 of these agencies, has served Finance Minister Carole James with notice that if this sweetheart deal with the B.C. Government Employees’ Union and other NDP-friendly unions isn’t fixed, they will go to court.

In a statement released with their lawyer’s letter, the B.C. CEO Network board notes that 17,000 employees are affected. The network represents union, non-union and partially union agencies, which report their wage payments through the Community Social Services Employers Association every year.

Premier John Horgan claimed the “low wage redress” money was withheld from non-union employees because their bosses might keep it without a union contract to set pay. Eby’s might need more lawyers to defend that statement.

Tom Fletcher is B.C. legislature reporter and columnist for Black Press Media. Email: tfletcher@blackpress.ca


@tomfletcherbc
tfletcher@blackpress.ca

Like us on Facebook and follow us on Twitter.

BC legislature

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Comments are closed

Just Posted

Rosslanders celebrate Canada Day in style

Locals organized a museum scavenger hunt, a Mt. Roberts flag-raising ceremony and evening fireworks

Hwy 1 flooding causes massive delays on certain Arrow Lakes ferry routes

Motorists have been waiting around three hours to get on ferries

Rossland Museum and Discovery Centre expands operations online

The facility also opened back up to the public earlier in June

Mills oppose Celgar’s ask for cheaper logs destined for chipper

The Castlegar mill has asked the province for a lower rate for any log that goes straight to pulp

City of Rossland’s annual report focuses on infrastructure

The city released the report online last month

B.C. accommodators need phone lines to light up as in-province travel given green light

Travel restrictions during the COVID-19 pandemic have decimated the tourism and hospitality industries

300 Cache Creek residents on evacuation alert due to flood risk as river rises

Heavy rainfall on Canada Day has river rising steadily, threatening 175 properties

First glimpse of Canada’s true COVID-19 infection rate expected mid-July

At least 105,000 Canadians have tested positive for COVID-19 since the coronavirus was identified

Police ramp up efforts to get impaired drivers off B.C. roads this summer

July is dedicated to the Summer CounterAttack Impaired Driving Campaign

Migrant workers stage multi-city action for full status amid COVID-19 risks

‘COVID-19 has exacerbated an existing crisis’

Okanagan school drops ‘Rebels’ sports team name, citing links with U.S. Civil War

Name and formerly-used images “fly in the face” of the district’s human rights policy, says board chair

PHOTOS: B.C.’s top doc picks up personalized Fluevog shoes, tours mural exhibition

Murals of Gratitude exhibit includes at least one portrait of Henry alongside paintings of health-care workers

In troubled times: Independence Day in a land of confusion

Buffeted by invisible forces and just plain worn out, the United States of America celebrates its 244th birthday

Stop enforcing sex work laws during COVID-19, advocates say

There are provisions in Canada’s prostitution laws that make workers immune from prosecution, but not from arrest

Most Read