CIVIL PROCEDURE - Parties - Class or representative actions - Certification - Common interests and issues

Law360 Canada (June 27, 2022, 9:30 AM EDT) -- Application by the plaintiffs for certification of their action as a class proceeding. The plaintiffs alleged the Insurance Corporation of British Columbia (ICBC) wrongfully assumed certain costs properly borne by the Province through the Medical Services Plan (MSP). Where medical care was required because of a motor vehicle accident, MSP paid for it, but then received reimbursement from ICBC. The plaintiffs argued these payments wrongfully increased insurance costs for all buyers of compulsory vehicle insurance, the Ratepayer Class, while reducing the amount of other medical and rehabilitation benefits available to people who suffered catastrophic injuries in motor vehicle accidents, the Accident Victim Class. The claim of the Accident Victim Class was advanced only against ICBC. After the certification application was heard, the BC Insurance (Vehicle) Act was amended such that ICBC was now specifically required to reimburse the government for costs of health-related services. The plaintiffs now sought certification of the Ratepayer Class claim against the Province only on the single constitutional issue of illegal taxation. The plaintiffs alleged that the MSP Payments, as reflected in insurance rates, amounted to an unconstitutional tax because taxes could only be levied through properly enacted legislation. They argued there was no such legislation prior to the enactment of the Amendment Act and it could not operate retroactively....
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