This matter has now been set for trial for 10 days commencing June 8, 2009. The trial will take place at the courthouse at 800 Smithe Street, Vancouver. Potential class members who reside outside of British Columbia are reminded that the date for “opting in” to this class action is 60 days before trial. For […]
Further to the entry of September 2007, the parties continue with the discovery process in preparation for trial. We expect to be able to announce the trial date in the near future. Although preparing for trial, the parties engaged in settlement discussions before a mediator in March of this year. The Mediation was not successful […]
After a class action has been certified, the Representative Plaintiff and his lawyers must move the case toward trial. Trial preparation includes “discovery”, the process through which each party learns about the case of the other parties to the lawsuit. Discovery involves the exchange, between the parties, of all documents relevant to the litigation and […]
The court approved document called “Notice of Certification”, which describes this class action and gives some information about it to class members has now been mailed to all potential class members whose addresses are known to the Defendant. The Notice of Certification and important related documents called the Opt In and Opt Out forms are now available on this website. Among […]
The Defendant sought leave to appeal from the decision of Mr. Justice Holmes dismissing their application to have this case heard in Quebec. In Reasons issued June 6, 2006, Madam Justice Saunders of the British Columbia Court of Appeal held that the Defendants could not appeal this decision. Madam Justice Saunders Reasons (84 KB) The parties […]
Before a lawsuit can be considered a class action, the Plaintiff has to apply to have it “certified” by the court. The certification hearing in this case was heard before Mr. Justice Davies of the British Columbia Supreme Court in November 2005. An application by the Business Development Bank to stay this action in British […]
