This blog has previously discussed ICBC’s stable of defence experts. People who earn the bulk of their income, not from medicine, but from writing reports to say there’s nothing wrong with a plaintiff. I keep a vast library of Defence Medical Exam materials. I give these to plaintiff-only lawyers to assist them in combatting hired-gun defence experts.

Usually judges blandly comment to the effect: “Where the evidence of Dr. Defendo conflicts with Dr. Goodchap, I prefer that of Dr. Goodchap”.

Every once in a long while, a judge makes his disgust more clear.  One such judge is Mr. Justice Barry Davies.  Appointed in 1996, Justice Davies has served a long time.  He’s now a “supernumerary” judge, meaning he is past the age of 65, and has chosen to stay on with a reduced workload.  He’s been one of our harder-workers, pumping out decisions at about twice the speed of the average BC judge.

One of ICBC’s favourite experts is Alexander Levin.  Since 2004, ICBC has paid Dr. Levin more than $3 Million.   Recently, Dr. Levin testified as ICBC’s hired psychiatrist in a case called Yang v. Engen.

Justice Davies rejected his evidence in strong terms.  Look especially at paragraphs 52-62.   He found that Dr. Levin’s report distorted what happened during his exam of the plaintiff, that Dr. Levin was biased, and that he acted as an advocate for ICBC.  Justice Davies found that Dr. Levin started by assuming the Plaintiff was dishonest, then used that bias as the basis of his opinion.  Justice Davies also found that Dr. Levin made unwarranted personal attacks on another doctor – which doctor the judge found to be reliable.

Another crisp, sensible decision by Justice Barry Davies.

It doesn’t seem to have affected Dr. Levin’s income.  In 2013 ICBC paid him in excess of $859,000 for his services.  In the same year, he received only $80,648 from the Medical Services Commission for treating patients.  His income from Medical Services was about 9% of what ICBC paid him.

See his “ratemymd” rating, here.

P.S. If anyone can send me a picture of Dr. Alexander Levin, SPASIBO!