Insurance Corporation of British Columbia

Proposed ICBC Class Action for Breach of Privacy

On October 21, 2024 our firm filed a class action lawsuit against the Insurance Corporation of British Columbia. The lawsuit alleges past and ongoing misuse of the CL237A – Authorization to Provide Medical Information to obtain or attempt to obtain personal and private medical information of persons submitting claims for accident benefits when it is not necessary. The plaintiff brought this lawsuit on behalf of all persons who submitted claims for accident benefits to ICBC for injuries sustained in motor vehicle accidents after May 1, 2021 and who either had private medical records obtained by ICBC, or had their access to accident benefits threatened for declining to sign a CL237A – Authorization to Provide Medical Information to ICBC.

The proposed representative plaintiff was injured in a motor vehicle in October of 2023 and made a claim to ICBC for accident benefits. ICBC told her that she had to sign a CL237A authorization, which they used to obtain clinical records containing her medical history from prior and subsequent to the date of the motor vehicle accident. She was not advised of the nature or extent of records ICBC intended to obtain or provided the opportunity to ensure that only relevant information would be shared. As a result, ICBC had obtained irrelevant, personal, and private medical information about the plaintiff viewable by any non-medical professional assisting with her claim. She revoked the authorization after discovering the unfettered access it provided to ICBC with respect to her medical history. Without informing the plaintiff of their intention to do so, ICBC attempted to use the revoked CL237A authorization to obtain further clinical records.  After confirming that they did not have a valid authorization, ICBC threatened to suspend or delay her access to accident benefits if she did not authorize ICBC to access her medical history.

The “No-Fault” Insurance scheme legislated by the Province of British Columbia, formally known as “Enhanced Care”, came into effect in May 1, 2021. The scheme substantially barred injured victims from bringing legal action for their injuries and discouraged them from obtaining legal advice concerning their rights and obligations under the new legislation. As the sole provider of the basic auto insurance coverage in British Columbia, ICBC has experienced a significant increase in their power over injured claimants. Although the government legislated a duty on ICBC to inform and educate injured claimants of their rights and obligations, the Notice of Civil Claim alleges that ICBC frequently and routinely fails to fulfill this duty, overstates their statutory authority for access to medical records, and violates the privacy of injured claimants.

Name(Required)
Address
Have you signed a medical authorization (CL237A) for ICBC?(Required)
If you answered no to the previous question, has ICBC threatened or taken steps to reduce, suspend or cancel, or refuse to pay benefits for failure to do so?
Do you consent to being contacted concerning this proposed class action claim?(Required)
I understand that I am submitting this information to provide evidence for this proposed class action and that it does NOT mean that I have retained MacIsaac & Company to act as my lawyers.(Required)