Rorison v. Insurance Corporation of British Columbia
Robert Rorison
Law Firm / Organization
Murphy Battista LLP
Lawyer(s)

J. Scott Stanley

Law Firm / Organization
Olthuis Van Ert
Lawyer(s)

Gib van Ert

Law Firm / Organization
Not Specified
Lawyer(s)

M.J. Sobkin

Brayden Methot
Law Firm / Organization
Murphy Battista LLP
Lawyer(s)

J. Scott Stanley

Law Firm / Organization
Olthuis Van Ert
Lawyer(s)

Gib van Ert

Law Firm / Organization
Not Specified
Lawyer(s)

M.J. Sobkin

Insurance Corporation of British Columbia
Law Firm / Organization
Harper Grey LLP
Lawyer(s)

Joel A. Morris

His Majesty the King in Right of the Province of British Columbia

Background: Robert Rorison and Brayden Methot initiated a class action lawsuit against ICBC and the provincial government, challenging ICBC's reimbursement of the provincial government for medical care costs of individuals injured in motor vehicle accidents. These costs were already covered by the publicly funded Medical Services Plan (MSP), and the plaintiffs argued that these reimbursements constituted an unconstitutional tax, unfairly increasing insurance premiums for policyholders.

Legal Issues/Arguments: The plaintiffs sought certification of a class action for individuals who purchased compulsory vehicle insurance from ICBC since its inception in 1973. They argued that ICBC's payments to the provincial government for basic medical care already covered by the Medical Services Plan (MSP) unlawfully increased insurance costs, constituting an unconstitutional tax. The plaintiffs claimed the reimbursements were an unconstitutional tax, improperly raising insurance costs. They also argued several common law causes of action, though the constitutional issue was central. The defendants contended that the class definition was overbroad and raised limitation period issues under the Limitation Act.

Held: The Court of Appeal previously determined the unconstitutional tax claim was arguable, remitting the matter for further consideration of class certification requirements. The Supreme Court found the proposed class definition appropriate, including persons who purchased compulsory auto insurance from ICBC post-1973. The court certified the action for the Ratepayer Class and identified common issues regarding the legality of the payments.

Costs/Damages Awarded: No specific amount of costs or award in favor of the successful party was mentioned in the document.

Supreme Court of British Columbia
S202406
Insurance law
Plaintiff