Canadian Indemnity Co. et al. v. A.G. of British Columbia

Canadian Indemnity Co. et al. v. A.G. of British Columbia

The impugned statutes are intra vires the Province because their pith and substance is the regulation of compulsory automobile insurance within British Columbia — a provincial matter of property and civil rights — and they do not relate to federal trade and commerce nor do they unlawfully destroy or substantially impair federally conferred corporate status or essential capacities.

Citation
[1977] 2 SCR 504
Parties
Plaintiffs/appellants: Canadian Indemnity Company and others (37 insurance companies); Defendant/respondent: Attorney-General of British Columbia; Intervenant: Attorney General of Canada; Intervenant: Attorney-General of Quebec; Intervenant: Attorney General of Alberta; Intervenant: Attorney General of Saskatchewan
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
5 October 1976
Procedural Posture
Appeal (constitutional Law) / On Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia
Outcome
Appeal dismissed
Legal Topics
Trade and Commerce (s.91(2)), Provincial Powers (property and Civil Rights), Validity of Provincial Monopoly, Status and Capacities of Federally Incorporated Companies
Source Language
English
Constitutional Law Insurance Law Corporate Law Federalism Trade and Commerce (s.91(2)) Provincial Powers (property and Civil Rights) Validity of Provincial Monopoly Status and Capacities of Federally Incorporated Companies

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Parties

Canadian Indemnity Company and others (37 insurance companies)

Plaintiffs/appellants

Attorney-General of British Columbia

Defendant/respondent

Attorney General of Canada

Intervenant

Attorney-General of Quebec

Intervenant

Attorney General of Alberta

Intervenant

Attorney General of Saskatchewan

Intervenant

Procedural Posture

Appeal (constitutional Law) / On Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia

Legal Issues

  1. 1 Whether the Automobile Insurance Act, 1973 (B.C.) and the Insurance Corporation of British Columbia Act, 1973 (B.C.) are ultra vires because they relate to federal trade and commerce under s.91(2)
  2. 2 Whether the legislation unlawfully impairs the status and essential capacities of federally-incorporated insurance companies (sterilization of federal companies)
  3. 3 Whether provincially enacted compulsory monopoly insurance scheme is within provincial jurisdiction over property and civil rights

Ratio Decidendi

The impugned statutes are intra vires the Province because their pith and substance is the regulation of compulsory automobile insurance within British Columbia — a provincial matter of property and civil rights — and they do not relate to federal trade and commerce nor do they unlawfully destroy or substantially impair federally conferred corporate status or essential capacities.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs to the respondent
  • No costs payable by or to any of the intervenants