BC Public Auto vs. Citizens & Parsons case
The rulings/results of both these cases look very similar to me. Can we essentially use the same results for each one, namely:
-legislation in question is intra-vires (within powers of the provincial government) and is not related to trade regulation, which is ultra-vires as this is a federal responsibility
Would the only difference be that in Citizens, insurers are not deprived of status and capacity whereas in BC Public Auto, insurers are deprived because of the creation of ICBC, resulting in limited or almost non-existent auto insurance share in the market?
Comments
Yeap, that is how I would view it too