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The court certified a proposed beef price-fixing class action, rejected a pure upstream s. 45 theory, and ordered production of US investigative materials before finishing certification.
The Court upheld the trial judge: UIA failed to prove on the balance of probabilities that it was not negligent under Article 21 of the Montreal Convention because its security risk assessment breached the standard of care (insufficient information gathering, failure to perform required safety assessment, and failure to consult the flight commander/Operational Control), those breaches were a but‑for cause of the fatalities, and the losses were not too remote, therefore the appeal is dismissed and UIA’s liability remains unlimited under the Montreal Convention.
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The Supreme Court of British Columbia certified a government class action against McKinsey over alleged opioid consulting, finding common issues and preferability were met.
The Court of Appeal upheld a $15,000 per class member aggregate damages award for a serious privacy breach, holding the Privacy Act is not limited to nominal damages absent consequential harm.
The court granted a partial stay in favour of arbitration, holding the 2016 HomeAway terms applied to the pleaded bookings except for relief under s. 172 BPCPA.
Certification was dismissed in this proposed class action over a fictitious immigration program, but the court allowed limited amendments and leave to continue as ordinary proceedings.
Class action certification was granted in part for claims over paraquat-containing Gramoxone Products and Parkinson’s disease, but unjust enrichment was excluded.
The British Columbia Court of Appeal dismissed McKinsey’s appeal, holding it was not plain and obvious the Province’s opioid-related claims must fail at the pleadings stage.
Certification was granted in a class action over the 2021 Sumas Flood, with the court finding pleadings, class definition, common issues and preferability met.
The Court rejected the appellants' contention that their settlement offer precluded costs and rejected the respondents' abuse of process argument; the respondents (The Estate of YYY and XXX) were entitled to costs in the sum of $30,000 all-inclusive, including the motion to quash.
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