Revisiting Unifund v ICBC in the 2020 case of Travellers v.
CAA, 2020 ONCA 382
In the case of Unifund Assurance Co. v. Insurance Corp. of
British Columbia, a family insured under an Ontario motor
vehicle policy, issued by Unifund, was driving a rental car in
British Columbia when they were struck by a tractor-trailer insured
by ICBC under a British Columbia insurance policy. The insureds
sued in British Columbia and were awarded $2.5 million. Unifund, in
turn, brought suit against ICBC with reference to section 275 of
Ontario's Insurance Act and sought to recover the
benefits it had paid out to the family under the SABS.
The case went to the Supreme Court of Canada which found that
Unifund could not rely on provisions of the Insurance Act
to recover the benefits it had paid. In so doing, the Court
explained that, based on the facts of this case, if an Ontario Act
purported to regulate civil rights in British Columbia arising out
of an accident in that province,
