Case information
Consult our database for details on a Supreme Court of Canada case.
40932
Sharise Petty, et al. v. Niantic Inc., et al.
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-06-07 | Close file on Leave | |
| 2024-05-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-05-16 | Judgment on leave sent to the parties | |
| 2024-05-16 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA48408, 2023 BCCA 315, dated August 4, 2023, is dismissed with costs. Dismissed, with costs |
|
| 2024-04-22 | Correspondence received from, Lower court decision related to the matter | Sharise Petty |
| 2024-03-25 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-01-24 |
Supplemental document, (Letter Form), Joint with 40927, 40935 and 40904 MBCA decision; 2024 MBCA 3 , (Printed version due on 2024-01-31) |
Sharise Petty |
| 2023-11-14 |
Applicant's reply to respondent's argument, (Book Form), Missing: PROOF OF SERVICE, Completed on: 2023-11-23, (Printed version filed on 2023-11-23) |
Sharise Petty |
| 2023-11-03 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-11-03) | Niantic Inc. |
| 2023-11-03 | Notice of name, (Letter Form), (Printed version filed on 2023-11-03) | Niantic Inc. |
| 2023-11-03 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-11-03, (Printed version filed on 2023-11-03) | Niantic Inc. |
| 2023-10-10 | Correspondence received from, (Letter Form), CA Orders | Sharise Petty |
| 2023-10-05 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2023-10-03 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-10-10) | Sharise Petty |
| 2023-10-03 | Application for leave to appeal, (Book Form), Completed on: 2023-10-06, (Printed version filed on 2023-10-10) | Sharise Petty |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Petty, Sharise | Applicant | Active |
| Stasch, David | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Niantic Inc. | Respondent | Active |
| Warner Bros Entertainment Inc. | Respondent | Active |
| Warner Bros Entertainment Canada Inc. | Respondent | Active |
| Warner Bros Home Entertainment Inc. | Respondent | Active |
Counsel
Party: Petty, Sharise
Counsel
Sam Jaworski
Ryan T. Matheuszik
Saeid Shakibakho
18th Floor 777 Dunsmuir Street
Vancouver, British Columbia
V7Y 1K4
Telephone: (604) 682-5111
Email: sjt@slatervecchio.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Stasch, David
Counsel
Sam Jaworski
Ryan T. Matheuszik
Saeid Shakibakho
18th Floor 777 Dunsmuir Street
Vancouver, British Columbia
V7Y 1K4
Telephone: (604) 682-5111
Email: sjt@slatervecchio.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Warner Bros Entertainment Inc.
Counsel
Robin Reinertson
2600-595 Burrard Street
Vancouver, British Columbia
V7X 1L3
Telephone: (604) 631-3358
Email: james.sullivan@blakes.com
Party: Warner Bros Entertainment Canada Inc.
Counsel
Robin Reinertson
2600-595 Burrard Street
Vancouver, British Columbia
V7X 1L3
Telephone: (604) 631-3358
Email: james.sullivan@blakes.com
Party: Niantic Inc.
Counsel
Emma Irving
400-77 King Street West
Toronto, Ontario
M5K 0A1
Telephone: (416) 863-4656
Email: neil.rabinovitch@dentons.com
Party: Warner Bros Home Entertainment Inc.
Counsel
Robin Reinertson
2600-595 Burrard Street
Vancouver, British Columbia
V7X 1L3
Telephone: (604) 631-3358
Email: james.sullivan@blakes.com
Summary
Keywords
Contracts — Arbitration agreement — Contract of adhesion — Class proceeding provision — Arbitration agreement eliminates access to class proceeding in contract of adhesion — Whether agreement unconscionable and therefore void or inoperative — Whether agreement contrary to public policy and therefore void or inoperative.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The applicants filed a proposed class action against the respondent Niantic Inc. and the Warner respondents alleging statutory breaches, illegal gaming and other wrongs. They are the proposed representative plaintiffs for residents of British Columbia and Alberta who were customers of the respondents and who paid directly or indirectly for a chance to win virtual awards inside a video game.
In order to obtain access to the video games, the applicants agreed to Terms of Service which apply to all aspects of the user’s gaming experience. They provide, inter alia, that disputes will be resolved by binding, individual arbitration unless the consumer opted out of that provision within 30 days of entering into the agreement, and that the consumer waives the right to participate in any purported class action or representative proceeding. The arbitration process was described, and Niantic waived its rights to attorney fees if it prevails in an arbitration, but, if the consumer prevails, allows them their attorney’s fees. For damage claims that do not exceed $75,000, Niantic promised to pay filing, administrative or arbitrator fees unless the arbitrator found the claim to be frivolous or brought for an improper purpose. It chose California law and set the arbitration filing fee at US$200.
The respondents applied for a stay of proceedings under the International Commercial Arbitration Act, R.S.B.C. 1996, c. 233.
The motion judge granted the stay. The Court of Appeal dismissed the appeal.
Lower court rulings
Supreme Court of British Columbia
2022 BCSC 1077, s-213723
Stay of proceedings granted in relation to applicants’ claims, excluding those brought pursuant to s. 172 of the Business Practices and Consumer Protection Act
Court of Appeal for British Columbia (Vancouver)
2023 BCCA 315, CA48408
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available