- Products liability and mass torts
- Constitutional law and civil rights
- Contracts and negligent misrepresentation
- Securities law
- Environmental law
- Competition law
- Insurance/benefit entitlement
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:
- The pleadings disclose a cause of action;
- There is an identifiable class of 2 or more persons;
- The claims of the class members raise common issues, whether or not those common issues predominate over issues affecting only individual members;
- A class proceeding would be the preferable procedure for the fair and efficient resolution of the common issues; and
- There is a representative plaintiff who:
(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.
Frequently Asked Questions - FAQ
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.