Background:
Eleanor Joanna McGlue and Stephen Anthony Ferreira, the appellants, contested a damages award of $592,640 plus interest and costs granted to Alasdair John Girvan by the trial court for injuries sustained in a 2017 motor vehicle accident. The Court of Appeal overturned this decision on May 31, 2024, dismissing Mr. Girvan’s claim.

Application for Repayment:
The appellants’ insurer, Insurance Corporation of British Columbia (ICBC), sought repayment of a $500,000 advance it paid to Mr. Girvan and his counsel, Rice Harbutt Elliott LLP (RHE). ICBC argued the advance, paid as part of the overturned judgment, should be returned. RHE retained $295,117.75 for legal fees and disbursements, while $204,882.25 was disbursed to Mr. Girvan.

Legal Issues:
ICBC based its application on unjust enrichment and provisions of the Court of Appeal Act (ss. 24, 25). It claimed the Court had jurisdiction to order repayment against both RHE and Mr. Girvan. RHE argued such claims involved new causes of action requiring a trial court's jurisdiction.

Decision:
The Court dismissed ICBC’s application. It held it lacked jurisdiction to adjudicate unjust enrichment claims against RHE and deemed the issue unsuitable for summary resolution. While it acknowledged jurisdiction over claims against Mr. Girvan, it deferred repayment matters to the Supreme Court for combined adjudication with RHE’s case.

Costs:
Each party bore its own costs. No additional award was made in favor of any party.