Case information

Civil procedure — Class actions — Preferable procedure — How the goals of access to justice and behaviour modification fit into the framework of analyzing whether a class proceeding would be the preferable procedure for the fair and efficient resolution of the common issues — Whether the lower courts failed to grapple with the issues and failed to provide responsive reasons.

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Ms. Jiang bought a card issued by Citizens Bank and branded with a VISA logo from a retailer in Burnaby, B.C., for personal purposes. It had a face value of $25, but, as there was a $3.95 activation fee, she paid $28.95 for the card. The card was “good through 11/96”, had a monthly fee of $2.50 after that date, and was non refundable. She filed an action under Part 4 of the Business Practices and Consumer Protection Act, S.B.C. 2004, c. 2, against the applicant financial institutions. The cards look and function like a credit card, are branded as VISA, American Express or MasterCard, and may be used for various purposes. She sought declarations; an accounting, restitution and restoration of fees; damages; and an injunction. She applied to have the action certified under the Class Proceeding Act, R.S.B.C. 1996, c. 50, with herself as representative plaintiff. The application to certify the action as a class proceeding was dismissed due to the inability to objectively identify the class members. The Court of Appeal allowed the appeal and remitted the application to the lower court for determination of the remaining issues. The action was certified as a class proceeding, Ms. Jiang was appointed representative plaintiff for the resident and non-resident classes, and five common issues were certified. The Court of Appeal dismissed three further appeals.