Only B.C. Residents Can File Class Actions in British Columbia
June 19, 2024In MM Fund v. Excelsior Mining Corp., the B.C. Court of Appeal upheld a decision striking a plaintiff's certification application because the plaintiff mutual fund was not a resident of British Columbia. Under s. 2(1) of the B.C. Class Proceedings Act (BCCA), only B.C. residents have standing to commence class proceedings in the province. The BCCA endorsed the "central management and control" test for determining the residency of a corporation or trust under the Class Proceedings Act.
Ontario Court Denies Certification of Common Issues Due to Disconnect Between Alleged Misrepresentations and Alleged Losses
June 14, 2024Despite certifying the class action in Thompson-Marcial v Ticketmaster Canada LP on the basis of breach of contract, breach of legislation, conspiracy, negligence and unjust enrichment, the Ontario Superior Court declined to certify certain proposed common issues that were based on alleged misrepresentations by the defendant. The action was brought on behalf of purchasers of live performance event tickets in Canada, initially purchased through Ticketmaster and subsequently resold through Ticketmaster or one of its affiliates. The plaintiffs alleged losses associated with the difference in price of tickets subsequently purchased, plus allegedly superfluous fees.
Federal Court is Reviewing its Class Action Rules
June 05, 2024The Federal Court Rules Committee is conducting a review of the Federal Court Rules, and is considering changes to the rules applicable to class actions to "reflect procedural changes in the provinces" and, in particular, the 2020 amendments made to Ontario's Class Proceedings Act.
Bennett Jones