In a recent decision of great importance to federally-regulated entities such as banks, airlines and navigation and shipping companies, the B.C. Court of Appeal ruled that a provincial consumer protection statute applies to airlines: Unlu v. Lufthansa et al, 2013 BCCA 112.
The Unlu case involves a putative class action against various airlines alleging deceptive practices under B.C.’s Business Practices and Consumer Protection Act (the “Act”). More specifically, the intended representative plaintiff asserts that the airlines improperly identified as taxes the fuel surcharge on airline tickets, in breach of the provincial Act. The airlines, in defence, argued that the … Continue Reading
This week, the Supreme Court issued two judgments of interest to Canadian businesses and professions. In Penner v. Niagara (Regional Police Services Board), 2013 SCC 19, the Court reaffirmed the test for the exercise of discretion in applying issue estoppel. In Ediger v. Johnston, 2013 SCC 18 , a medical malpractice case, the Court discussed the standard of care and causation.
In Penner, Mr. Penner was arrested during a courtroom disturbance, which resulted in proceedings under the police disciplinary process. A hearing officer ultimately dismissed Mr. Penner’s complaint. Mr. Penner then commenced a civil action against the … Continue Reading
The SCC recently dismissed two leave applications from important (but unrelated) decisions of the BCCA in the consumer class action realm. One decision, in a rather noteworthy step, engages in an extensive analysis of and narrows the availability of the “waiver of tort” doctrine in claims based on alleged breaches of consumer protection type legislation.
The second decision is significant from a jurisdictional point of view and also because it ties in with certain potentially pivotal cases on indirect purchasers which will be heard by the SCC later this year. It permitted a class action alleging a competitive conspiracy … Continue Reading