Page-by-page, nickel-by-nickel, local personal injury lawyer Garth Wright has won a victory in an ongoing battle with the Insurance Corporation of British Columbia (ICBC) that could really add up.
After all, they're talking about the cost of photocopying.
When ICBC snubbed Wright's attempt to collect $25 for 56 pages of information an ICBC adjuster requested, he did what any lawyer would do and turned to the court.
Squabbles with ICBC over photocopying have been an "on-again, off-again" irritant for Wright, and when the bill was rebuffed "it was time to draw a line in the sand," he said.
Asked why ICBC chose to fight the bill rather than pay it, ICBC spokesperson Michelle Hargrave said more than just $25 was at stake.
"We owe it to our customers, the rate payers of B.C., to make sure we are spending those claims dollars appropriately," Hargrave wrote in an e-mail.
"We wish this could have been settled in a different way, but an important principle was at stake. While the amount in this case seems small, the principle of it is critical to how we try to manage already escalating costs. Legal services are part of our claims costs, and as we have said, with the rising cost and number of claims, we have had to apply for a basic rate increase."
In a ruling issued last week, B.C. Supreme Court master Douglas Baker decided in Wright's favour, finding that photocopying constitutes a legal service under the Legal Profession Act as it pertains to negotiations with adjusters.
Formal rules divvy up costs of legal actions involving ICBC but not when court action isn't involved.
"What's unique about our case is that it is a bill for photocopying on a file where there's no lawsuit started yet, and I'm dealing directly with an adjuster working towards a resolve of a claim," Wright said in an interview.
During a Jan. 10 hearing, ICBC argued Wright's bill failed to meet the onus for a practice of law under the Legal Profession Act. Wright had argued he was entitled to the money even if the photocopying did not constitute a legal service.
In the judgment, Baker concluded it was indeed a legal service.
"There is absolutely no doubt that the process of obtaining and forwarding medical records includes purely clerical acts, but it would be a mistake to ignore other aspects that include legal expertise and judgment," Baker wrote in his decision.
He went on to note Wright routinely reviews records prior to forwarding copies.
"It is the responsibility of all litigation counsel to review documents for relevance, privilege and occasionally, privacy," Baker wrote.
Wright said there is one more step to complete and that's to determine whether the 40-cents per page he charged ICBC is fair or if another rate should be applied.
"So the story isn't over, I'm afraid," Wright said.
