Unifund Assurance Co. V. Insurance Corp. of British Columbia - Background

Background

Marcia and Ronald Brennan were from Ontario. They visited British Columbia and rented a car. They were in a serious accident. The plaintiff driver returned to Ontario to collect a provincial no-fault benefit from Unifund Assurance. Unifund sought reimbursement from the Insurance Corp of British Columbia under the Ontario law. The BC insurance company challenged the Ontario law as extraterritorial.

The issue before the Supreme Court was whether s. 275 of the Ontario Insurance Act was constitutionally inapplicable in the circumstances.

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