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Class action against province of BC


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Possum
  • Law School Admit

About a month ago, a group of privately owned licensed cannabis retailers in BC launched a class action against the province.  It was my understanding that the province would provide a response within the month.  (Maybe I misunderstood)
My question is, where can I access the details of this case?  I'd like to review the original filing, but I'm also keen to see the response from the province.  Google is not helping me right now, so I thought instead of getting more frustrated I'd ask in here...
Thank you!

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t3ctonics
  • Lawyer

FYI, there is usually a bunch of procedural stuff before a defendant in a proposed class action actually files a defence to the claim. Class actions have to be certified or else everyone in the proposed class has to sue individually, and certification will usually be fought every step of the way. This isn't about the merits of the case at all, but whether the claim discloses a cause of action (i.e. alleges the necessary elements of some kind of legal wrong), whether there is an identifiable class with common issues to be determined, whether a class proceeding is preferable to something else, and whether there is an appropriate representative plaintiff. This stage can easily take a year or more.

I think in most provinces the defendant is technically supposed to a file a defence before certification, but this usually isn't the case in practice. It doesn't make much sense to file a defence when the scope of the claim is still subject to change.

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Possum
  • Law School Admit
On 5/30/2022 at 4:07 PM, t3ctonics said:

FYI, there is usually a bunch of procedural stuff before a defendant in a proposed class action actually files a defence to the claim. Class actions have to be certified or else everyone in the proposed class has to sue individually, and certification will usually be fought every step of the way. This isn't about the merits of the case at all, but whether the claim discloses a cause of action (i.e. alleges the necessary elements of some kind of legal wrong), whether there is an identifiable class with common issues to be determined, whether a class proceeding is preferable to something else, and whether there is an appropriate representative plaintiff. This stage can easily take a year or more.

I think in most provinces the defendant is technically supposed to a file a defence before certification, but this usually isn't the case in practice. It doesn't make much sense to file a defence when the scope of the claim is still subject to change.

Ahhh OK Thank you for explaining.  I appreciate the insight.

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