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Canada Case Law

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Constitutional law 2016 BCSC 1287

Davis v. British Columbia Hydro and Power Authority

Court
Supreme Court of British Columbia

The court dismissed certification of a proposed class action challenging BC Hydro smart meters under section 7 of the Charter, though one liberty-based claim was arguable.

  • Section 7 charter - life, liberty and security of the person
  • Smart meters and radiofrequency emissions
  • Certification requirements under cpa s.4
  • Common issues and general causation methodology
  • Admissibility of expert evidence
  • Preferable procedure for class actions
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Class actions 2014 BCSC 1199

Sherry v. CIBC Mortgages Inc.

Court
Supreme Court of British Columbia

The court conditionally certified a class action over CIBC mortgage prepayment penalties, subject to narrowing an overbroad class definition.

  • Prepayment penalties
  • Interest rate differential (ird)
  • Contractual discretion and uncertainty
  • Miscalculation of damages
  • Preferable procedure for class actions
  • Business practices and consumer protection act (unconscionability)
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Constitutional law 2001 BCCA 75

Nanaimo Immigrant Settlement Society v. British Columbia

Court
British Columbia Court of Appeal

The Court of Appeal upheld class certification for a challenge to provincial gaming licence fees, holding the action disclosed arguable claims and that class proceedings were the preferable procedure.

  • Lottery regulation
  • Tax v. fee
  • Retroactive validation legislation
  • Preferable procedure for class actions
  • Origination of tax (s.53 constitution act, 1867)
  • Criminal code s.207(1)(b)
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About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.