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Civil procedure – Class actions – Certification – Whether Court of Appeal erred in interpretation and application of Class Proceedings Act, R.S.B.C. 1996, c. 50 – Whether refusal to certify class proceedings contrary to access to justice principles

The applicant, Ms. Lockyer-Kash, was injured in 1999 during the course of her employment as a pet store manager. In 2002, the Workers’ Compensation Board (“WCB”) awarded her a 5.82 per cent loss of earnings pension that was increased in 2005. In 2009, on a further appeal to the Workers’ Compensation Appeal Tribunal (“WCAT”) that pension was increased to 100 per cent, approximately $1,500 per month. In addition, she received a retroactive award of $113,000, for the money that she should have received prior to her 2009 appeal. Her claim for interest on the retroactive portion of her award was denied by the WCB, on the basis of the interest policy established by its board of directors. She appealed to the WCAT, which found the policy to be patently unreasonable and referred the matter back to the board of directors of the WCB for reconsideration. The board of directors affirmed the policy. Ms. Lockyer-Kash sought judicial review of this decision and applied for class proceeding certification.