Rate Payers Class Proposed Settlement

The Rate Payers portion of the class action lawsuit involving the Insurance Corporation of British Columbia (ICBC) and the Province of British Columbia regarding payments for health-related services has reached a proposed settlement. This settlement addresses claims that ICBC diverted funds to the Province, which allegedly increased compulsory auto insurance rates and acted as an unconstitutional tax.

The Province has agreed to an all-inclusive settlement of $12,200,000 to address the Rate Payers portion of this class action. This agreement is a compromise of disputed claims and does not constitute an admission of liability.

Key details include:

• Settlement Distribution: After Class Counsel’s court-approved legal fees and other costs are deducted, the remaining funds will be paid by way of donation to various non-profit organizations and programs.
• Approval Hearing: A court hearing to approve the settlement, legal fees, and an honorarium for representative plaintiff Robert Rorison is scheduled for May 14, 2026, at 9:00 am in Vancouver.

Important Documents

The court has authorized the following documents to inform class members of their rights:

• Long Form Notice: Provides a detailed explanation of the class action, settlement terms, and legal rights of class members. Read the Long Form Notice.
• Short Form Notice: A summary version of the settlement information and key deadlines. Read the Short Form Notice.
• Rate Payer Class Opt Out Form: The official form required for individuals who wish to exclude themselves from the class action. Read / download the Rate Payer Class Opt Out Form.
• Read the Proposed Settlement Agreement.

Opt Out Instructions

If you purchased compulsory auto insurance from ICBC between 1973 and January 26, 2026, you are automatically a class member. If you wish to sue the Province independently, you must opt out.

How to Opt Out:

1. Obtain the Form: Download the “Ratepayer Class Opt-Out Form” above.
2. Complete the Details: Provide your full name, address, date of birth, and contact information.
3. Submit by the Deadline: The signed form must be delivered to Murphy Battista LLP by April 7, 2026.
4. Delivery Methods:
   • Mail: Murphy Battista LLP,
     MSP Class Action Lawsuit,
     2020-650 West Georgia Street, Vancouver, BC V6B 4N7.
   • Email: [email protected].

Note: By opting out, you will not receive any benefit from this settlement, but you retain your right to pursue an individual claim at your own expense.

History of the Action

December 9, 2022 Accident Victim Class (AVC) certified

The common issues that were certified are as follows:

1. 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?
2. 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?
3. Should the Court award punitive damages against ICBC to the Accident Victim Class and, if so, in what amounts?
4. Should any award for punitive damages be made as an aggregate award, and if so, in what amount?

The period to opt out of the class action proceeding for the Accident Victim Class has begun and will continue until the deadline of February 27, 2026.

May 15, 2024 Rate Payer Class (RPC) certified

The time to opt-out for the RPC class is April 7, 2026. See the information regarding Proposed Settlement above.

Accident Victims Class

• Notice of Civil Claim
• Reasons for Judgment – Rorison v. Insurance Corporation of British Columbia, 2022 BCSC 624
• Read the Certification Order (December 9, 2022)
• Read the Short Form Notice
• Read the Long Form Notice
• Opt Out Form (deadline February 27, 2026)

Rate Payers Class

• Notice of Civil Claim

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
• Read the Certification Order (May 15, 2024)
• Read the Rate Payers Proposed Settlement (January 22, 2026)
• Read the Rate Payers Long Form Notice
• Read the Rate Payers Short Form Notice
• Read the Rate Payers Opt Out Form (deadline April 7, 2026)

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.

 Read Notice of Civil Claim

Personal information that you provide to us for the purpose of determining your possible involvement in the class action will be treated as private. Read our privacy policy for more information.

Please fill out the online form below and someone from our office will contact you to go through your details.

You can use the “Save and Continue Later” option (at the bottom of the page) if you need to finish filling it out at another time.

Alternatively, you can download a fillable PDF form instead, and fill it out using a PDF reader software such as Adobe Acrobat Reader.

Please note you will need an internet connection to submit the questionnaire.