Murphy v. Compagnie Amway Canada

Murphy v. Compagnie Amway Canada

Motion for certification dismissed because the plaintiff failed to establish an identifiable class of at least two bona fide claimants and failed to satisfy the adequacy and plan requirements for a class representative; additionally, claims based on false or misleading representations did not raise predominant common issues due to required individual causation, so a class proceeding was not the preferable procedure; dismissal without costs ordered.

Citation
2015 FC 958
Parties
Plaintiff: Kerry Murphy; Defendant: Compagnie Amway Canada; Defendant: Amway Global
Court
Federal Court
Jurisdiction
Canada
Judgment Date
7 August 2015
Procedural Posture
Class Action Certification Motion (competition Act Claim) / Decision on Motion for Certification Dismissed (judgment)
Outcome
Motion for certification dismissed, without costs.
Legal Topics
False or Misleading Representations, Multi Level Marketing, Pyramid Selling, Section 36 Damages, Arbitration Agreement, Certification Criteria
Source Language
English
Competition Law Class Actions Commercial Law Contract Law Civil Procedure False or Misleading Representations Multi Level Marketing Pyramid Selling +3 more

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Parties

Kerry Murphy

Plaintiff

Compagnie Amway Canada

Defendant

Amway Global

Defendant

Procedural Posture

Class Action Certification Motion (competition Act Claim) / Decision on Motion for Certification Dismissed (judgment)

Legal Issues

  1. 1 Whether the pleadings disclose a reasonable cause of action under Part VI of the Competition Act and section 36
  2. 2 Whether there is an identifiable class of two or more persons definable by objective criteria
  3. 3 Whether the claims raise common questions of law or fact

Ratio Decidendi

Motion for certification dismissed because the plaintiff failed to establish an identifiable class of at least two bona fide claimants and failed to satisfy the adequacy and plan requirements for a class representative; additionally, claims based on false or misleading representations did not raise predominant common issues due to required individual causation, so a class proceeding was not the preferable procedure; dismissal without costs ordered.

Court Disposition

Motion for certification dismissed, without costs.

Orders

  • Motion for certification dismissed
  • No costs awarded to any party in relation to the certification motion