Class action proceedings are an efficient and effective way to advance a claim on behalf of several persons with a common issue. They are commonly used for the following types of claims, and much more:
Class action proceedings are started by way of a Notice of Civil Claim filed in the Supreme Court of British Columbia, similar to any other Supreme Court action by an individual. Additionally, in British Columbia, they are governed by the rules set out in the Class Proceedings Act, [RSBC 1996] chapter 50. The action is started by a Plaintiff who seeks to represent a proposed class of persons with a common issue.
The most important step in the class proceeding is to the class certification hearing. At that hearing, the court will decide whether to appoint the plaintiff as a representative plaintiff and certify the class. The requirements for certifying the class are that:
(i) would fairly and adequately represent the interests of the class,
(ii) has produced a plan for the proceeding that sets out a workable method of advancing the proceeding on behalf of the class and of notifying class members of the proceeding, and
(iii) does not have, on the common issues, an interest that is in conflict with the interests of other class members.
Once a class is certified, class members who are residents in British Columbia participate in the class action on an “opt-out” basis, whereas non-residents must actively “opt-in.” This means that if you are a member of a class, a BC resident, and the class is certified, you do not need to opt-in to the class action. The issues are litigated for you. If you are not resident in BC, you do need to opt-in.
Yes. We have started the lawsuit by filing a Notice of Civil Claim.
COVID-19 is challenging for everyone to navigate and switching to online classes was a responsible choice by the University. However, students no longer have reason to park on campus, making what they paid for obsolete. A partial parking pass refund is the right thing to do and provides much-needed financial relief to students during this time. Students are often in precarious financial situations already, and many work in industries which have seen vast layoffs as a result of the pandemic. The University should be providing at least partial refunds for the parking passes.
The proposed class for this lawsuit is as follows: All faculty, staff, students, and visitors who, prior to 4:30 p.m. on March 13, 2020, purchased a parking permit from the University of Victoria which was meant to be effective at any and all times between March 16, 2020 and August 31, 2020.
The proposed class for this lawsuit is as follows: All faculty, staff, students, and visitors who, prior to 4:30 p.m. on March 13, 2020, purchased a parking permit from the University of Victoria which was meant to be effective at any and all times between March 16, 2020 and August 31, 2020.
We have started a court action by filing a Notice of Civil Claim. The next step in the process will be a class certification hearing where the court decides whether to approve this proposed class. If the class is approved and you have an annual, monthly, term, or flexi parking pass that was meant to be effective during this COVID period, then yes, you will be included in the class action.
If you are a BC resident, you will not need to opt-in, but you can opt out if you wish. If you are not a BC resident (for example, you are an international student who is now residing out-of-province), you will need to opt-in after the class is certified.
If you are a BC resident, you will not need to opt-in, but you can opt-out if you wish. If you are not a BC resident (for example, you are an international student who is now residing out-of-province), you will need to opt-in after the class is certified.
All parking passes purchased prior to 4:30p.m. on March 13, 2020, that were meant to be effective between March 16, 2020 and August 31, 2020, are included in the proposed class. This means annual passes, term passes, monthly passes, weekly passes, and flexi-passes, are all proposed to be included.
If class certification is granted, court approved notice of the certification will need to be provided to the class. The manner of providing the notice will be decided by the court. Often, notice will be given by mail.
We are happy to answer your questions. If they haven’t been answered here, please use our contact form below to get in touch with us at MacIsaac & Company or call our office (250) 381-5353.
115 – 19 Dallas Road
Victoria, BC - V8V 5A6
(Shoal Point at Fisherman’s Wharf)
+1 (250) 381-5353
email
200 - 190 Ingram Street
Duncan, BC - V9L 1P1
+1 (250) 746-4422
email
By appointment only
+1 (250) 334-3110
email
LARRY MCCREA LAW CORPORATION
Address
#3 – 95B Highway 97
100 Mile House, BC V0K 2E0
Phone 250-395-1151 / Fax 250-395-1153
office@lmccrea.com
www.lmccrea.com
MACISAAC & COMPANY
Address
By appointment only
Courtenay, BC
Phone (250) 334-3110 / Fax (250) 334-3108
courtenay@macisaacandcompany.com
STASIUK & COMPANY
Address
201 – 10300 – 10th Street
Dawson Creek, B.C. V1G 3T6
Phone 250-782-5297 / Fax 250-782-7746
stasiukreception@neonet.bc.ca
Address
200 – 190 Ingram Street
Duncan, B.C. V9L 1P1
Phone (250) 746-4422 / Fax (250) 746-1811
macduncan@macisaacgroup.com
BUCKLEY & COMPANY
Address
5 – 219 Victoria Street
Kamloops, B.C. V2C 2A1
Phone 250-372-1404 / Fax 250-434-0232
shawn@buckleyandco.ca
buckley-law-office.com
KIMMITT WRZESNIEWSKI
Address
202 – 1433 St. Paul Street
Kelowna, B.C. V1Y 2E4
Phone (250) 763-6441 / Fax (250) 763-1633
info@kimmitt.ca
kimmitt.ca
CHRISTOPHER H. JOHNSTON LAW CORPORATION
Address
208 Broadway
Nakusp, B.C. V0G 1R0
Phone (250) 265-0108 / Fax (250) 837-7194
info@nakusplawyer.com
www.nakusplawyer.com
NOWOSAD & COMPANY
Address
8700 Market Street
PO Box 1289
Port Hardy, BC, V0N 2P0
Phone (250) 949-6031 / Fax (250) 949-2633
nowosad1@telus.net
NOWOSAD & COMPANY
Address
Box 308, 1750 Campbell Way
Port McNeill, B.C. V0N 2R0
Phone (250) 956-3228 / Fax (250) 949-2633
nowosad1@telus.net
BVD LAW CORPORATION
Address
450 Vancouver Street Prince George, BC V2L 5N2
Phone (250) 614-1283 / Fax (250) 614-1284
bvdlaw@telus.net
RODWAY & PERRY
Address
1 – 699 Beach Road
P.O. Box 138, Station Main
Qualicum Beach, B.C. V9K 1S7
Phone (250) 752-9526 / Fax (250) 752-9521
rodwayandperry@shaw.ca
GARY LILIENWEISS
Address
342 Kinchant Street
Quesnel, BC V2J 2R4
Phone 250.992.9090 / Fax 250.992.9779
garyjl@telus.net
ARROW LAW CORPORATION
Address
202 First Street East (beside The Cabin)
P.O. Box 2639
Revelstoke, B.C. V0E 2S0
Phone (250) 837-6171 / Fax (250) 837-7194
info@revelstokelawyer.com
www.revelstokelawyer.com
VERDURMEN AND COMPANY
Address
450 Lakeshore Drive
P.O. Box 826
Salmon Arm, BC, V1E 4N9
Phone (250) 833-0914 / Fax (250) 833-0924
vlex@telus.net
RALSTON AND ASSOCIATES
Address
606 – 15216 North Bluff Road
White Rock, BC, V4B 0A9
Phone 604-581-0807 / Fax 604-581-0809
stephen.h@ralstonandassociates.ca
ralstonandassociates.ca
RAINCOAST LAW
Address
1566 Peninsula Road
PO Box 909
Ucluelet, BC, V0R 2A0
Phone (250) 726-4307 / Fax (250) 726-2180
info@raincoastlaw.com
raincoastlaw.com
RAINCOAST LAW
Address
1566 Peninsula Road
Ucluelet, B.C. V0R 3A0
Phone (250) 726-4307 / Fax (250) 726-2180
info@raincoastlaw.com
raincoastlaw.com
BUCKLEY AND COMPANY
Phone 250-372-1404 / Fax 250-314-1609
Toll Free 1-800-440-1404
Address
115 – 19 Dallas Road
Victoria, BC, V8V 5A6
Phone (250) 381-5353 / Fax (250) 380-7272
victoria@macisaacandcompany.com
BUCKLEY AND COMPANY
Phone 250-372-1404 / Fax 250-314-1609
Toll Free 1-800-440-1404
SIRRS LLP
Address
PO Box 6060, 5220 51st Avenue
Wetaskiwin, Alberta T9A 2G3
Phone (780) 352-3301 / Fax (780) 352-5976
mail@sirrsllp.com
sirrsllp.com
SIRRS LLP
Address
5034 – 49 Avenue
PO Box 4546
Ponoka, Alberta T4J 1E1
Phone (403) 783-6021 / Fax (403) 783-8363
mail@sirrsllp.com
www.sirrsllp.com
SIRRS LLP
Address
4714 – 50 Avenue
Rimbey, Alberta
Phone (403) 843-6986 / Fax (403) 843-3799
mail@sirrsllp.com
www.sirrsllp.com