Parties: Robert Rorison and Brayden Methot (Appellants) vs. Insurance Corporation of British Columbia (ICBC) and His Majesty the King in Right of the Province of British Columbia (Respondents)
Facts:
The appellants challenged ICBC's remittances to the Province for medical expenses incurred by injured B.C. motorists, alleging these resulted in inflated insurance premiums, constituting an unconstitutional tax.
They also claimed these payments improperly reduced maximum available benefits for catastrophically injured persons, forming the "Accident Victim Class."
Issues:
Certification of the "Ratepayer Class" and "Accident Victim Class" for class action.
Whether the remittances constituted an unconstitutional tax.
Whether wilful concealment should be certified as a common issue.
Ruling:
The appeal was allowed in part, with the court finding error in the chambers judge's analysis regarding the unconstitutional tax claim.
The cross-appeal by ICBC was dismissed, affirming the certification of the Accident Victim Class.
Amount Awarded: Not applicable, as the focus was on class certification and the legal characterization of payments, not on monetary compensation.
