ICBC MSP Class Action
Rorison et al. v ICBC et al., Court file No. S202406, Vancouver Registry
Current Status
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 was successfully appealed.
- Read the Reasons for Judgment in Rorison v. Insurance Corporation of British Columbia, 2022 BCSC 624
- Read the Reasons for Judgment in Rorison v. Insurance Corporation of British Columbia, 2023 BCCA 474
December 9, 2022: Class Action Certification Order Issued
- Read the Certification Order
- Read the Long Form Notice
- Read the Short Form Notice
- Read the Litigation Plan (referenced in the Long and Short Form notices)
What is this claim about?
On March 3, 2020, Murphy Battista LLP filed a proposed class action against the Insurance Corporation of British Columbia (“ICBC”) and the Government of the province of British Columbia (the “Government”) for making payments to the Medical Service Plan contrary to law. These payments have cost ratepayers hundreds of millions of dollars and driven up insurance costs unnecessarily and unlawfully. In addition, those payments have caused accident victims to receive fewer benefits than they would have received had ICBC acted lawfully.
The claim seeks recovery for BC’s motorists and accident victims of the hundreds of millions of dollars in payments ICBC has unlawfully made to the Government of British Columbia since 1973.
Summary of Important Documents
FAQs
Who does the class action affect?
Why might I opt out of the MSP Class Action?
What happens if you opt-out?
What happens if you do NOT opt-out?
How to Opt-out
How does a class action work?
Who are the proposed representative plaintiffs?
Who are the lawyers?
Have other claims been filed?
What can I do in the meantime?
Questions?
ICBC MSP Class Action Form
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