Stanway v. Wyeth Canada Inc.

Stanway v. Wyeth Canada Inc.

The Court set aside its earlier costs disposition because the respondent failed to satisfy the exceptions in s.37 of the Class Proceedings Act; the appeal raised genuine legal issues and was not frivolous or an improper step under the statute, and therefore no costs order was justified under s.37.

Source-derived case information.

Citation
2012 BCCA 499
Parties
Respondent (plaintiff): Dianna Louise Stanway; Appellants (defendants): Wyeth Canada Inc. et al.
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
10 December 2012
Procedural Posture
Appeal From Certification Order in a Class Action / Supplementary Reasons on Costs Following Decision on Appeal
Outcome
Earlier order awarding costs to the respondent set aside; no costs awarded on the appeal.
Legal Topics
Certification, Costs of Appeal, General and Specific Causation, Business Practices and Consumer Protection Act, Appeal Rights Under Class Proceedings Act
Source Language
english
Class Actions Civil Procedure Costs Statutory Interpretation Certification Costs of Appeal General and Specific Causation Business Practices and Consumer Protection Act +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Dianna Louise Stanway

Respondent (plaintiff)

Wyeth Canada Inc. et al.

Appellants (defendants)

Procedural Posture

Appeal From Certification Order in a Class Action / Supplementary Reasons on Costs Following Decision on Appeal

Legal Issues

  1. 1 Whether costs may be awarded under s.37 of the Class Proceedings Act
  2. 2 Whether the appeal was vexatious, frivolous or abusive within s.37(2)(a)
  3. 3 Whether the appeal constituted an improper or unnecessary step under s.37(2)(b)

Ratio Decidendi

The Court set aside its earlier costs disposition because the respondent failed to satisfy the exceptions in s.37 of the Class Proceedings Act; the appeal raised genuine legal issues and was not frivolous or an improper step under the statute, and therefore no costs order was justified under s.37.

Court Disposition

Earlier order awarding costs to the respondent set aside; no costs awarded on the appeal.

Orders

  • Earlier costs order awarding costs to the respondent set aside
  • No costs awarded to any party in respect of this appeal