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Court of Appeal upholds dismissal of claims against the Kauras and R.K.S., leaves the overservice claim against Caesars to proceed, and dismisses both appeal and cross-appeal.
La Cour a accueilli la demande de Westcan visant à radier la réclamation d’ICBC en restitution des profits, jugeant ce recours inaccessible en l’espèce.
The Supreme Court struck a proposed VLT class action, holding that waiver of tort is not an independent cause of action and that the pleaded claims disclosed no reasonable cause of action.
The court granted leave to amend a defamation claim to add allegations tied to a BC Hydro contingency agreement and a remedy of disgorgement of profits.
The court struck a proposed amended notice of civil claim against CIP Management, finding the conspiracy pleading lacked specificity and failed to plead actionable damages.
The Court of Appeal allowed the certification appeal in part, holding that the plaintiff met the class-action threshold for direct and indirect purchasers, but not for umbrella purchasers.
Court held the pleadings disclose viable disgorgement‑based causes of action grounded in unjust enrichment by wrongdoing and in some contract/tort theories so certification was largely proper; claims based on the Statute of Anne and the Competition Act are plain and obvious failures and were struck; issues concerning whether particular criminal prohibitions apply (three‑card monte/common gaming house) and the scope of disgorgement require trial evidence and were not amenable to strike at certification stage.
Source excerpt
La Cour d’appel a accueilli l’appel en partie, a limité la certification du recours collectif, a confirmé une partie de la demande et a suspendu les autres chefs en attendant une modification du texte introductif.
Certification was granted in part in this product-liability class action over gas fireplaces, with negligence and BPCPA claims proceeding and several other claims excluded.
Appeal from class certification partly allowed. Most claims were not sufficiently pleaded, and the Sandhus were disqualified as representative plaintiffs because of a disproportionate settlement offer.
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