N&C Transportation Ltd. v. Navistar International Corporation

JurisdictionBritish Columbia
CourtCourt of Appeal (British Columbia)
JudgeDeWitt-Van Oosten,Griffin,Voith
Citation2022 BCCA 164
Date16 May 2022
Docket NumberCA47905

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6 practice notes
  • Strathdee v. Johnson & Johnson Inc.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • June 25, 2025
    ...not prevent him from certifying the B.C. action: Ennis, at para. 213; N&C Transportation Ltd. v. Navistar International Corporation, 2022 BCCA 164, at paras. 47-48. Further, he observed that the competing interests of the class plaintiffs might be better addressed after the Ontario cert......
  • Ennis v Johnson & Johnson
    • Canada
    • Supreme Court of British Columbia (Canada)
    • September 23, 2024
    ...that comity does not affect my conclusions at this stage: see N&C Transportation Ltd. v. Navistar International Corporation, 2022 BCCA 164 at paras 214 In the result, this is an unusual circumstance in which a class claim in this province is more advanced than the Ontario class claim an......
  • Yee v. Telus International (Cda) Inc.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • June 2, 2026
    ...cite the BC Supreme Court in N&C Transportation Ltd. v. Navistar International Corporation, 2021 BCSC 2046, at para. 46-47, aff’d 2022 BCCA 164, for the proposition that “these objectives generally favour a single multi-jurisdictional class proceeding” because “potentially competing cla......
  • Nippon Yusen Kabushiki Kaisha v Ewert
    • Canada
    • Court of Appeal (British Columbia)
    • April 3, 2023
    ...is entitled to a high degree of deference: Strohmaier at para. 20; N&C Transportation Ltd. v. Navistar International Corporation, 2022 BCCA 164 at para. 16 [ Positions of the parties 55 I begin by noting that, in this case, both sides acknowledge that a SCIP is the preferable way to res......
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6 cases
  • Strathdee v. Johnson & Johnson Inc.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • June 25, 2025
    ...not prevent him from certifying the B.C. action: Ennis, at para. 213; N&C Transportation Ltd. v. Navistar International Corporation, 2022 BCCA 164, at paras. 47-48. Further, he observed that the competing interests of the class plaintiffs might be better addressed after the Ontario cert......
  • Ennis v Johnson & Johnson
    • Canada
    • Supreme Court of British Columbia (Canada)
    • September 23, 2024
    ...that comity does not affect my conclusions at this stage: see N&C Transportation Ltd. v. Navistar International Corporation, 2022 BCCA 164 at paras 214 In the result, this is an unusual circumstance in which a class claim in this province is more advanced than the Ontario class claim an......
  • Yee v. Telus International (Cda) Inc.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • June 2, 2026
    ...cite the BC Supreme Court in N&C Transportation Ltd. v. Navistar International Corporation, 2021 BCSC 2046, at para. 46-47, aff’d 2022 BCCA 164, for the proposition that “these objectives generally favour a single multi-jurisdictional class proceeding” because “potentially competing cla......
  • Nippon Yusen Kabushiki Kaisha v Ewert
    • Canada
    • Court of Appeal (British Columbia)
    • April 3, 2023
    ...is entitled to a high degree of deference: Strohmaier at para. 20; N&C Transportation Ltd. v. Navistar International Corporation, 2022 BCCA 164 at para. 16 [ Positions of the parties 55 I begin by noting that, in this case, both sides acknowledge that a SCIP is the preferable way to res......
  • Get Started for Free