1. (Public) Auto Subrogation In Canada

3. ICBC (Insurance Corporation of British Columbia) www.icbc.com
Crown Corporation operating March 1974
Governing Legislation
Insurance Corporation Act, R.S.B.C. 1996, c. 228
Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231

4. SGI (Saskatchewan Government Insurance) www.sgi.sk.ca
Crown Corporation operating April 1946
Governing Legislation
The Automobile Accident Insurance Act, R.S.S., 1978, c. A-35

5. MPI (Manitoba Public Insurance) www.mpi.mb.ca
Crown Corporation operating November 1971
Governing Legislation
The Manitoba Public Insurance Corporation Act, C.C.S.M., c. P215

6. SAAQ (Societe de l’Assurance Automobile du Quebec) www.saaq.qc.ca
Government Corporation established 1977
Governing Legislation
An Act respecting the SAAQ, R.S.Q., c. S
Automobile Insurance Act, R.S.Q., c. A-25

7. DIFFERENCES BETWEEN PUBLIC SCHEMES

8. Differences PD BI BC No-fault Tort SK No-fault (‘95) & Tort (‘03) MB
Jurisdiction PD BI BC
No-fault
Tort SK
No-fault (‘95) & Tort (‘03) MB
No-fault (‘94) QC
Private

9. HOW THE PUBLIC SCHEME WORKS

10. Physical Damage
Generally, there is no-fault first party coverage.
Insured may sue for uninsured portions or determination of liability.

11. In British Columbia you may sue.
Bodily Injury
Manitoba and Quebec
entitled to no-fault compensation
no law suits.
Saskatchewan
may sue if your gross income exceeds the no-fault amount
since 2003 may sue if you opted out of no-fault.
In British Columbia you may sue.

12. SUBROGATION WITHIN SCHEME

13. Physical Damage Subrogation
Generally, upon payment of damage claim, or upon accepting liability to pay, the public insurer is subrogated to and an assignee of all the insured’s rights of recovery from a liable third party.
BC – s. 84
SK – s. 80
MB – s. 26

14. Bodily Injury Subrogation
In no-fault provinces the public insurer is entitled to bring an action against a liable non-resident to recover the amount of no-fault compensation paid to the extent they are responsible for the accident.
SK – s.111
MB – s.77
QC – s.83.61

15. No-fault Recovery in Manitoba
Subrogation re accident in Manitoba involving non-resident
77(1) Notwithstanding section 72 (no tort actions), where a person is entitled to compensation under this Part in respect of an accident that occurred in Manitoba, the corporation is subrogated to the person’s rights and is entitled to recover the amount of the compensation
(a) from any person who is not resident in Manitoba, to the extent that the person is responsible for the accident;

16. No-fault with a Tort Twist
“ [P]ursuant to subsection 77(1), the Legislature has chosen to reinstate the right of suit and to subrogate MPIC to the rights of the victim recipient of compensation. The rights which that victim would have had are the common law rights to sue the wrongdoer in tort which encompasses the right to recover compensation for his/her bodily injuries subject to proof of liability and to the principles of remoteness, foreseeability and causation. “
MPIC v. University of Waterloo

17. MPIC v. University of Waterloo
Still Twistn’
Section 77 provides MPI with a recovery action in tort from which damages MPI is entitled to keep the lesser of
the amount payable in tort
the amount of compensation actually paid
MPIC v. University of Waterloo

18. SUBROGATION FOR OTHERS

19. Physical Damage
Generally entitled to exercise subrogation rights to recover physical damage in each public insurer province.

20. Bodily Injury
No subrogation for bodily injury in no-fault provinces and significantly limited in British Columbia due to reduction of liability legislation (see s. 83 Insurance (Vehicle) Act and Gurniak v. Nordquist [2003, SCC]).

21. ENFORCING SUBROGATION
Negotiation between insurers predominates.
Mediation on large recoveries worth the expense is an option either through private mediators or court appointed mediators.
Litigation is also an option in either a small claims forum or in Court of Queen’s Bench on larger recoveries.

22. BOTTOMLINE
Facts of specific cases aside, the rules for subrogation in the provinces with public auto insurance is rather straight forward and uncomplicated.
Having said that, when in doubt or the stakes are high, consult a lawyer.

23. QUESTIONS??