Lockyer-Kash v. British Columbia (Workers’ Compensation Board)

Lockyer-Kash v. British Columbia (Workers’ Compensation Board)

The court certified the class because the amended petition disclosed a reasonable cause of action challenging the Board's interest policy; the class definition (workers whose claim for interest was decided on or after November 1, 2001 and before January 1, 2014) is objectively determinable and supported by a factual...

Source-derived case information.

Citation
2014 BCSC 1443
Parties
Petitioner: Deborah Lockyer-Kash; Respondent: British Columbia (Workers' Compensation Board)
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 July 2014
Procedural Posture
Class Certification Under the Class Proceedings Act and Judicial Review of Board of Directors Decision / Certification Hearing and Interlocutory Judgment; Merits to Be Scheduled
Outcome
Application for certification granted in part: class certified, representative plaintiff appointed, common issues certified, notice dispensed; merits of judicial review to be scheduled
Legal Topics
Interest on Retroactive Compensation, Policy Review and Standard of Review, Certification Criteria Under CPA S.4, Interpretation of Workers Compensation Act S.5, Board of Directors S.251 Process
Source Language
english
Administrative Law Class Actions Workers' Compensation Law Judicial Review Interest on Retroactive Compensation Policy Review and Standard of Review Certification Criteria Under CPA S.4 Interpretation of Workers Compensation Act S.5 +1 more

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Parties

Deborah Lockyer-Kash

Petitioner

British Columbia (Workers' Compensation Board)

Respondent

Procedural Posture

Class Certification Under the Class Proceedings Act and Judicial Review of Board of Directors Decision / Certification Hearing and Interlocutory Judgment; Merits to Be Scheduled

Legal Issues

  1. 1 Do the pleadings disclose a cause of action for judicial review of the Board of Directors decision?
  2. 2 Is there an identifiable class of two or more persons?
  3. 3 Is a class proceeding the preferable procedure for resolution of the common issues?

Ratio Decidendi

The court certified the class because the amended petition disclosed a reasonable cause of action challenging the Board's interest policy; the class definition (workers whose claim for interest was decided on or after November 1, 2001 and before January 1, 2014) is objectively determinable and supported by a factual basis; common legal issues predominate and a class action is a preferable, efficient means to adjudicate the policy question; the representative plaintiff is adequate; and notice to class members is dispensed with under CPA s.19(2) due to cost and limited utility of notice.

Court Disposition

Application for certification granted in part: class certified, representative plaintiff appointed, common issues certified, notice dispensed; merits of judicial review to be scheduled

Orders

  • The class is certified as: all workers whose claim for interest was decided on or after November 1, 2001 and before January 1, 2014.
  • Deborah Lockyer-Kash is appointed representative plaintiff for the class.