An Insurance Corp. of B.C. investigation, sparked by a recent controversy, has uncovered two more cases where lawyers acting for the organization breached the privacy of jurors in a civil trial.
On Thursday, ICBC president and CEO Jon Schubert said the investigation found two cases -- one in 2000, another in 2006 -- in which lawyers acting on behalf of the company had "inappropriate access" to the claims history of jurors.
The discovery follows a case in April in which a defence lawyer for ICBC sought and received jurors' claims history information from an ICBC adjuster.
"We're embarrassed and disappointed by these breaches," Schubert said on Thursday. "This was a serious mistake -- completely inappropriate."
The controversy follows a report last year that found workers at ICBC's research and training facility deliberately falsified records for 94 damaged vehicles so they could be sold at auction.
The report blamed the problems on a tangle of contradictory corporate policies, corrupt managers and little to no ethical accountability.
On Thursday, Labour and Citizens' Services Minister Iain Black, who recently took responsibility for ICBC, said he has confidence in the Crown corporation and is pleased by the quick response from its board of directors.
"I do have confidence in the broader corporation of ICBC," said Black, adding that board members were "horrified" by the three breaches.
Black said he has asked Information and Privacy Commissioner David Loukidelis to broaden the scope of his review into the invasions of privacy to ensure British Columbians get the answers they deserve.
"The people of British Columbia should take some comfort from that," Black said, adding he will forward the bill for the audit to ICBC.
"Their confidence in ICBC will either be confirmed by the report concluding that these were isolated incidences, or it will be reinstated as a result of the changes that Mr. Loukidelis will suggest as part of his report."
In a letter written Wednesday, Loukidelis confirmed his audit will now seek to, among other things:
- Identify all privacy breaches involving ICBC jury trials;
- Determine who at ICBC inappropriately disclosed personal information;
- Recommend any changes to existing ICBC policies.
Loukidelis said he will produce a report that can be released to the public no later than Oct. 15.
Schubert said ICBC has also been conducting an internal investigation, including interviewing hundreds of employees and reviewing other cases that have gone to trial.
"We need to get to the bottom of [this]," he said. "This is absolutely contrary to our corporate policy and code of ethics."
Michael Bernard, spokesman for the Law Society of B.C., said his organization is also investigating the original complaint from April, but he could not yet comment on the two new cases announced on Thursday.
That first incident came to light on April 30, the fourth day of a civil trial involving ICBC.
Victoria lawyer Kathleen Birney, who was hired to defend ICBC, told the court after a settlement had been reached in the case that her office sent names of the jurors to an ICBC adjuster to request their case histories.
Birney said she was told that one juror had an open claim, while another had a claim that had been closed.
Schubert has apologized for the disclosures.
http://www2.canada.com/vancouversun/...400093&k=44047 
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