Jiang v. Vancouver City Savings Credit Union

Jiang v. Vancouver City Savings Credit Union

The Court dismissed the appeal and affirmed certification because the certification judge permissibly concluded that the identified common issues predominate over individual issues and that the plaintiff's litigation plan provided a workable framework; the judge properly relied on the Class Proceedings Act's...

Source-derived case information.

Citation
2019 BCCA 149
Parties
Respondent (plaintiff): Ying Jiang; Appellant (defendant): Vancouver City Savings Credit Union; Appellant (defendant): Citizens Bank of Canada; Appellant (defendant): Peoples Trust Company; Appellant (defendant): Peoples Card Services Limited Partnership; Appellant (defendant): Peoples Card Services Ltd.; Respondent (defendant): Amex Bank of Canada; Appellant (defendant): All Trans Financial Services Credit Union Limited
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
2 May 2019
Procedural Posture
Class Action Certification Appeal / Appeal to Court of Appeal From Certification Order (supreme Court Remitted Issues)
Legal Topics
Certification, Preferability, Litigation Plan, Prepaid Purchase Cards, Business Practices and Consumer Protection Act Interpretation
Source Language
english
Class Actions Consumer Protection Civil Procedure Contract Law Certification Preferability Litigation Plan Prepaid Purchase Cards +1 more

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Parties

Ying Jiang

Respondent (plaintiff)

Vancouver City Savings Credit Union

Appellant (defendant)

Citizens Bank of Canada

Appellant (defendant)

Peoples Trust Company

Appellant (defendant)

Peoples Card Services Limited Partnership

Appellant (defendant)

Peoples Card Services Ltd.

Appellant (defendant)

Amex Bank of Canada

Respondent (defendant)

All Trans Financial Services Credit Union Limited

Appellant (defendant)

Procedural Posture

Class Action Certification Appeal / Appeal to Court of Appeal From Certification Order (supreme Court Remitted Issues)

Legal Issues

  1. 1 Whether a class proceeding is the preferable procedure under s.4(1)(d) of the Class Proceedings Act
  2. 2 Whether the representative plaintiff produced a workable litigation plan under s.4(1)(e) of the Class Proceedings Act
  3. 3 Whether common issues predominate over individual issues (notably whether cards were acquired for consumer purposes)

Ratio Decidendi

The Court dismissed the appeal and affirmed certification because the certification judge permissibly concluded that the identified common issues predominate over individual issues and that the plaintiff's litigation plan provided a workable framework; the judge properly relied on the Class Proceedings Act's post-certification management tools (ss.12, 27, 28) and applied the correct preferability and litigation‑plan standards with appropriate deference.