Canada Case Law

Ramrup v. Rayner

Court

British Columbia Court of Appeal

The Court of Appeal held the chambers judge did not err in exercising his discretion to convert the action to a class proceeding or in granting leave to amend the NOCC; however it was premature and an error in principle to fix the commencement date for tolling under s.38.1 of the CPA at the conversion stage without a fuller record, so the order selecting October 3, 2022 was vacated and the respondent was granted leave to file a second further amended notice of civil claim.

Source excerpt

• Conversion to class proceeding
• Certification
• Limitation period tolling
• Amendment of pleadings
• Judicial discretion

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Rayner v. Dhaliwal

Court

Supreme Court of British Columbia

The court converted a fire-loss action into a class proceeding, finding judicial economy and access to justice outweighed limitation-period prejudice.

• Conversion to class proceeding
• Certification
• Suspension of limitation periods
• Judicial economy
• Access to justice
• Behaviour modification

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Great Canadian Gaming Corporation v. British Columbia Lottery Corporation

Court

Supreme Court of British Columbia

The court ordered BCLC’s costs of a dismissed conversion application payable at the end of the proceeding, finding no mixed success and noting delay and severability.

• Conversion to class proceeding
• Leave to amend notice of civil claim
• Costs of interlocutory applications
• Jurisdiction under the class proceedings act
• Severability of interlocutory issues
• Delay in bringing application

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Dorus et al v. Teck Corporation et al

Court

Supreme Court of British Columbia

The court allowed the plaintiffs to add a defendant and file a further amended statement of claim, but refused to convert the case into a class or representational proceeding.

• Amendment of pleadings
• Adding parties
• Conversion to class proceeding
• Representational proceedings
• Limitation defences
• Amendment-of-pleadings

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