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Canadian Class Actions Monitor

Tag Archives: preferability

Flooding Damage Class Action in Manitoba: The Court of Appeal Comments on Common Issues and Preferability in Anderson v Manitoba

Posted in Class Actions

In Anderson v Manitoba,[1] the Manitoba Court of Appeal overturned a decision that had denied class certification of a nuisance claim on the basis that some of the claims did not contain common issues and that a class proceeding was not the preferable procedure.  In so doing, the Court of Appeal provided guidance regarding the application of the common issues test in nuisance claims, and confirmed the importance of access to justice as a factor in certifying a class action.

Background

The representative plaintiffs in Anderson are members of four First Nations in Manitoba that were affected by flooding in 2011.… Continue Reading

“A Mirage of Judicial Economy” – BCSC Applies a More Rigorous Preferability Analysis

Posted in Certification, Class Actions

Mr. Justice Funt has refused to certify Vaugeois v. Budget Rent-A-Car of BC Ltd., 2015 BCSC 802 on the basis of preferability.  This is a welcome result in the wake of AIC Limited v. Fischer, 2013 SCC 69 discussed in an earlier blog HERE.

In this case, the plaintiffs alleged that the defendants, Budget Rent-A-Car of B.C. Ltd. and Inland Transportation Ltd., “engaged in a systematic scheme whereby consumers renting motor vehicles from Budget’s various car rental branches [in B.C.] were improperly charged or over-charged for body and window glass repairs.”… Continue Reading