When does a cause of action for negligent misrepresentation crystalize such that it triggers the running of the applicable limitation period? The British Columbia Court of Appeal addressed this issue recently in Weldon v. Teck Metals Ltd., 2013 BCCA 358.
The pertinent facts of the Weldon case are as follows. The employees of the defendant Teck participated in a defined benefit pension plan. The defendant Teck offered the employees the option of transferring their pensions from the defined benefit plan to a newly-established defined contribution pension plan, effective January 1, 1993. The plaintiffs chose to do so. However, … Continue Reading
Can a party who has failed to consummate a transaction get back a “deposit”? The British Columbia Court of Appeal considered this issue once again in the recent case of Amiri v. One West Holdings Ltd., 2013 BCCA 155.
The facts of the Amiri decision were as follows. A businessman (“Purchaser”) purchased, in 2005, a condominium that was to be built for a total price of almost $3 million. The purchase agreement (the “Agreement”) provided for the payment of a total “deposit” in the amount of approximately $750,000. The Agreement specifically stated that “[i]f the Purchaser is in breach … Continue Reading
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