Plaintiff
Defendant
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.
Court
Supreme Court of British ColumbiaCase Number
S202406Practice Area
Insurance lawAmount
Winner
PlaintiffTrial Start Date
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