Annual Report 2010/2011

  • June 30, 2011

Submitted by Section Co-Chairs Nicola Hartigan and Gregory Nash

Summary of Activities

Number of Meetings Held: 3

November 18, 2010
Guest Speakers: Andrew Borrell and Mark Mounteer
Synopsis: Payments to Representative Plaintiffs: A discussion of the circumstances in which compensation may be paid to a representative plaintiff beyond the compensation paid to class members, in litigation certified as a class proceeding. The discussion focused on the Court of Appeal decision in Parsons v. Coast Capital Savings and Credit Union

March 31, 2011
Guest Speakers: Violet Allard and Jason Murray
Synopsis: The presentation included a discussion the leading class action decisions in British Columbia from the past year:

  1. Payne v. Eagle Ridge Pontiac GMC Ltd. 2009 BCSC 530 and 2010 BCSC 1085
  2. Sun-Rype Products Ltd. v. Archer Daniels Midland Co. 2010 BCSC 922
  3. Parsons v. Coast Capital Savings Credit Union 2010 BCCA 311
  4. Logan v. Dermatech, Intradermal Distribution Inc. 2010 BCSC 481
  5. Lam v. University of British Columbia 2010 BCCA 325
  6. Pro-Sys v. Microsoft 2010 BCSC 285
  7. Smith v. Vancouver City Savings Credit Union 2010 BCSC 120
  8. Koubi v. Mazda Canada Inc. 2011 BCSC 59
  9. Bryar Law Corporation v. Samsung Electronics Co. Ltd. 2010 BCSC 1661
  10. MacFarlane v. United Parcel Service Canada Ltd. 2010 BCCA 171
  11. Seidel v. Telus Communications Inc. 2011 SCC 15
  12. Chalmers v. AMO Canada Company, 2010 BCCA 560

The guest speakers summarized each case and discussed its significance for class actions in British Columbia. 

May 25, 2010
Guest Speaker: Paul Bennett
Synopsis: National Class Actions and British Columbia. Last year, the Canadian Bar Association launched a task force to address jurisdictional overlap caused by provincial class actions claiming to represent national classes. The task torce will focus on two possible solutions: a judicial protocol to enhance coordination between the courts in different provinces and the development of legislative amendments in each province to facilitate the administration of national class actions. The task force has indicated that CBA members will be provided the opportunity to comment upon drafts of protocols and legislative amendments. 

The Class Action Section of the CBABC formed a sub-committee to present a position which takes into account British Columbia's perspective on the issues to be dealt with by the national task force. Mr. Bennett, the chair of the sub-committee, will discuss the preliminary position of the sub-committee and the issues under consideration. 

Comments and Observations of the Co-Chairs

During the 2010-2011 year, the Class Action Section met on three occasions. All of the meetings this year were held over the lunch hour in a boardroom at a law firm downtown. The meetings were well attended. Lawyers from both the plaintiff's and defence bar attended all the section meetings. 

The Class Action Section's meetings are lively and provide members with an opportunity to meet with opposing counsel in a less formal environment. The meetings also provide a forum to discuss the developments in the law with Section members who were counsel in the cases. 

The Co-Chairs wish to thank the guest speakers this year for the time and effort spent preparing the presentations as well as the hosts who generously donated their boardrooms for the Section meetings.