Doerkson Stumbles into First Campaign Crisis with Secret ICBC Promises

Lorne Doerkson and the BC Conservatives made their first misstep of the election campaign this week.

MoveUP, the union representing ICBC employees, released a letter Doerkson sent Sept. 29 to the Insurance Bureau of Canada, the Law Society of BC, the Trial Lawyers Association of BC and the Canadian Bar Association promising to end the province’s no-fault car insurance.

“Everything is on the table, including opening auto insurance to private competition,” Doerkson wrote.

On one hand it’s hardly shocking. The BC Conservatives, under former leader John Rustad, had very similar policies in their 2024 platform, promising to allow private competition for ICBC and at least limiting no-fault insurance.

But Doerkson hadn’t told the public about his plans. The letter, which the Conservatives say also went to more than 1,000 people, offered a sneak preview to people — especially trial lawyers and private insurance companies — who could make a lot more money under the party’s plan.

And, as Vaughn Palmer noted in the Vancouver Sun, one day before he made specific promises to the special interest groups, on Sept. 28 Doerkson told reporters the party was still working on its plans for ICBC. “There’s certainly been some challenges with no-fault insurance, but we’ll come back to that another day.”

One message for the public, another for insiders.

Doerkson made things worse with his responses to the revelations that the party had made secret commitments to the lawyers and private insurance companies.

“There have been no promises made by me at all,” he said in response to a question at an unrelated campaign event.

That’s simply untrue. The letter had specific promises and a commitment that they would be made within the first year of a Conservative government.

Doerkson’s come into this campaign with little baggage and a low bar to clear. The BC Conservatives under Findlay were a travelling circus where many of the acts relied on some versions of clown cars and each week brought a new scandal.

It shouldn’t be a tough act to follow. Just act competent, calm and trustworthy and avoid scaring people.

This episode raises — or confirms — fears of a Conservative secret agenda.

The changes to ICBC came after the Crown corporation’s deficit hit $1.3 billion in 20181-18, leading then justice minister David Eby to describe its finances as a “dumpster fire.”

The NDP brought in a range of changes in 2021, including no fault insurance. Payments for health care and recovery costs and lost wages were guaranteed no matter who caused a crash, but people generally lost the right to sue for pain and suffering.

The claims settlement process was pulled from the legal system, replacing it with set payments and a Civil Appeal Tribunal process.

In 2020, Eby told the Vancouver Sun the model had worked in other provinces. “We are committed to a new way of doing auto insurance that is less adversarial and gives people the benefits and care they need to recover from their injuries.”

“By largely removing lawyers and legal fees from the system, we expect to see $1.5 billion in overall reduced costs,” he said.

The Trial Lawyers Association of BC was understandably unhappy with a measure that dramatically cut the income of its members. ICBC cases — often based on collecting 20 to 33 per cent of the eventual payout — were a significant part of the legal workload.

But the measures have largely achieved the cost-cutting goal. ICBC rates have not increased since 2017, while across Canada they have jumped 45.4 per cent. On Thursday, Eby announced there would be no ICBC rate increase for the next three years.

And, of course, took another shot at Doerkson’s letter and promises to the lawyers and private insurance companies.