Rorison and Methot v. ICBC and British Columbia, S.C.B.C., No. S-202406 Vancouver, March 02, 2020
FREQUENTLY ASKED QUESTIONS (FAQs):
What is the claim about?
Murphy Battista LLP has 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 then 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.
Click to Read MSP Class Action – Notice of Civil Claim
The application for certification is set for April 27, 2021. At this time an order will be sought certifying a class action on behalf of the Accident Victim Class and the Ratepayer Class.
ICBC and the Province filed an application seeking leave to bring a motion to strike the claim of the Ratepayer Class before the certification hearing. These applications were heard on November 3, 2020 by Mr. Justice N. Smith and dismissed on November 6, 2020. The result is that both the Accident Victim Class and the Ratepayer Class will proceed to certification as scheduled on April 27, 2021.
Who does it affect?
The claim is being made on behalf of two classes of plaintiffs:
Accident Benefit Recipients
All persons who received Accident Benefits (the “Accident Benefits Recipients”) from ICBC up to the Limit since 1973 (the “Accident Victim Class”). The Accident Victim Class includes the surviving spouses, dependents and estates, of the Accident Benefits Recipients as applicable.
All persons who purchased compulsory auto insurance from ICBC since 1973 (the “Ratepayer Class”).
How does a class action work?
A “class action” is a claim filed by an individual who proposes to represent all other similarly affected individuals (the “class”). The individual claimant asks the court to appoint them as the representative of the class in pursuing their claim and the members of the class benefit from the claim pursued by the representative plaintiff. In other words, if the representative plaintiff succeeds, the members of the class succeed. A representative plaintiff, and their lawyers, must be certified by the Court as the “representative plaintiff’ and “class counsel.” Once appointed the members of the class receive notice, as approved by the Court, of certification of the class claim.
Who are the proposed representative plaintiffs?
The proposed representative plaintiffs in this class action are:
- Rorison, a motorist and resident of British Columbia, for the Ratepayers Class.
- Methot, a former disabled motorist, for the Accident Victim Class.
Both Rorison and Methot were insured persons under the Insurance (Vehicle) Act and Regulations at all material times.
Who are the lawyers?
A team of lawyers at Murphy Battista LLP, led by J. Scott Stanley and Joe Murphy, Q.C., are representing Methot and Rorison and the proposed classes of Accident Victims and Ratepayers. Joe is a founding partner of Murphy Battista LLP and he and Scott (also a partner at the firm) are experienced trial lawyers who have together, and independently, obtained multi-million-dollar awards on behalf of injured claimants.
Have other claims been filed?
What can I do in the meantime?
If you are a member of the class, you will ultimately receive notice of the court process and the result of the litigation should it be successful. However, if you believe you or a member of your family (even if deceased) was either an Accident Victim or Ratepayer in BC from 1973 to the present it is useful for Murphy Battista to hear from you.
You can contact us by submitting the information requested in the Form Tab at the top of this page. The Form requests the following:
- Your full legal name (include any aliases):
- Your telephone number(s) (indicating preferred contact number):
- Who you are submitting the information on behalf of (whether on your own behalf or on behalf of a family member):
- Your contact email:
The information will be forwarded to J. Scott Stanley and Joe Murphy, Q.C., the contact lawyers for the proposed class action.
How do I contact Murphy Battista for Information about the MSP Class Action?
For information about this class action you can:
Email [email protected]
Call Murphy Battista’s Vancouver office at (604) 683-9621 and ask to speak to a member of the legal team handling the MSP Class Action. Reception will transfer your call to someone who can help you.
Media Coverage of the Proposed Class Action
- Thanks for ripping me off: B.C. government, ICBC hit with $900M proposed class action lawsuit
- Class action suit filed against ICBC over $900 million illegal scheme
- Near-billion-dollar lawsuit claims ICBC illegally paid victims’ accident benefits to province
- Mike Smyth: $900-million class action lawsuit targets ICBC
- Possible class-action lawsuit against ICBC payments to MSP
- Proposed class-action lawsuit filed against ICBC in Supreme Court
Disclaimer: The outcome of every legal proceeding will vary according to the facts and unique circumstances in each individual case. References to successful case results where the lawyers at Murphy Battista LLP have acted for clients are not necessarily a guarantee or indicative of future results.
The Plaintiffs filed a class action seeking in excess of $900,000,000 from both ICBC and the Province of British Columbia. They alleged a scheme wherein ICBC and the Province illegally charged the costs of physician visits to accident victims which reduced the amount of rehabilitation funds available to persons injured in car accidents and caused ratepayers to pay more for their insurance. ICBC and the Province brought a preliminary application seeking an opportunity to apply to dismiss the claims prior to certification. This application was dismissed and the matter was ordered to proceed to certification.