Johnston added that “the no-fault system is very much you-get-what-we-tell-you-you-get and nothing more, and there is very little ability to challenge those limitations for a couple of reasons. One is, as Ms. Nishimura found out, you’re not able to seek out any sort of equitable evaluation of being made whole in the sense of traditional tort law of setting people back to where they were and compensating for the loss they had.
“The other piece of it is that it is essentially impossible to get a lawyer to represent you in these sorts of claims… To go and pursue this with a lawyer, she would have had to pay out of pocket, and lawyers in British Columbia are basically no longer taking on personal injury motor-vehicle claims for contingency. There is no money to recover at the end of the day. For personal injury lawyers it is the prospect of
