April 25, 2022
Scott Stanley and Elizabeth Emery successfully obtained an order certifying a class action against ICBC on behalf of Accident Victims who allege that ICBC wrongfully took money from their accident benefit accounts and paid this money to the Province of B.C. pursuant to an illegal scheme. Compensation for the Accident Victims and punitive damages were certified as common issues.
On April 22, 2022 Justice Smith issued reasons for judgment with respect to certification.
The Accident Victim class was certified as a class action. This means this claim will proceed as a class action. The common issues that were certified are as follows:
- Did ICBC charge to the Accident Benefits accounts of members of the Accident Victim Class, and pay the Province (including MSP) amounts in respect of services for which ICBC was not liable under statute or regulation?
- If so, is ICBC liable to the Accident Victim Class in (a) negligence; (b) breach of contract and/or breach of its duty of good faith; and/or (c) unjust enrichment?
- Should the Court award punitive damages against ICBC to the Accident Victim Class and, if so, in what amounts?
- Should any award for punitive damages be made as an aggregate award, and if so, in what amount?
In 2021 the Province passed legislation seeking to defeat the claim by the Ratepayer Class. The only claim left for the Court to consider was whether the Ratepayer Class could proceed on the basis of an unlawful tax. The Court declined to certify the Ratepayer Class. This decision will be appealed to the Court of Appeal for a further review.
Read the Reasons for Judgement in Rorison v. Insurance Corporation of British Columbia, 2022 BCSC 624
Learn more about the ICBC MSP Class Action