Kirk v Executive Flight Centre Fuel Services Ltd, 2019 BCCA 111

JudgeMadam Justice Garson; Madam Justice Fisher; Madam Justice Griffin
CourtCourt of Appeal (British Columbia)
Case DateApril 05, 2019
JurisdictionBritish Columbia
Citations2019 BCCA 111
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16 practice notes
  • 0790482 B.C. Ltd. v. KBK No. 11 Ventures Ltd.,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 3 Septiembre 2021
    ...be measured, rather than how such a loss can be established on a class-wide basis: Kirk v. Executive Flight Centre Fuel Services Ltd., 2019 BCCA 111 at paras. 102–103, [76]        The CPA is remedial legislation and is to be construed flexibly and e......
  • Matthews v. La Capitale Civil Service Mutual, 2020 BCSC 787
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 28 Mayo 2020
    ...proceeding is the preferable procedure: Kirk v. Executive Flight Centre Fuel Services, 2017 BCSC 726 at para. 138, rev’d on other grounds 2019 BCCA 111, leave to appeal to SCC ref’d 2019 CarswellBC 3036. [154] The preferability inquiry should be conducted through the lens of the three princ......
  • Williamson v. Johnson & Johnson,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 17 Noviembre 2020
    ...damages are resolved. [297] This is consistent with the Court of Appeal’s approach in Kirk v. Executive Flight Centre Fuel Services Ltd., 2019 BCCA 111, which focused on the conduct of the defendants rather than the effect of the conduct on the [298] In this case, I am satisfied that the pl......
  • Felker v. Teva Branded Pharmaceutical Products R,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 17 Octubre 2022
    ...on a class-wide basis, exists; a plaintiff is not required to show proof of harm: Kirk v. Executive Flight Centre Fuel Services Ltd., 2019 BCCA 111 at para. 103 [Kirk]. In other words, the plaintiff is required to demonstrate “that there is a realistic way to test the common issue at......
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13 cases
  • 0790482 B.C. Ltd. v. KBK No. 11 Ventures Ltd.,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 3 Septiembre 2021
    ...be measured, rather than how such a loss can be established on a class-wide basis: Kirk v. Executive Flight Centre Fuel Services Ltd., 2019 BCCA 111 at paras. 102–103, [76]        The CPA is remedial legislation and is to be construed flexibly and e......
  • Matthews v. La Capitale Civil Service Mutual, 2020 BCSC 787
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 28 Mayo 2020
    ...proceeding is the preferable procedure: Kirk v. Executive Flight Centre Fuel Services, 2017 BCSC 726 at para. 138, rev’d on other grounds 2019 BCCA 111, leave to appeal to SCC ref’d 2019 CarswellBC 3036. [154] The preferability inquiry should be conducted through the lens of the three princ......
  • Williamson v. Johnson & Johnson,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 17 Noviembre 2020
    ...damages are resolved. [297] This is consistent with the Court of Appeal’s approach in Kirk v. Executive Flight Centre Fuel Services Ltd., 2019 BCCA 111, which focused on the conduct of the defendants rather than the effect of the conduct on the [298] In this case, I am satisfied that the pl......
  • Felker v. Teva Branded Pharmaceutical Products R,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 17 Octubre 2022
    ...on a class-wide basis, exists; a plaintiff is not required to show proof of harm: Kirk v. Executive Flight Centre Fuel Services Ltd., 2019 BCCA 111 at para. 103 [Kirk]. In other words, the plaintiff is required to demonstrate “that there is a realistic way to test the common issue at......
  • Request a trial to view additional results
2 firm's commentaries
  • Common Issues In Environmental Class Actions
    • Canada
    • Mondaq Canada
    • 30 Abril 2019
    ...of establishing commonality in a more traditional environmental class action: Kirk v. Executive Flight Centre Fuel Services Ltd., 2019 BCCA 111. Kirk highlights the limited common issues that are typically certified in environmental class actions. While the Court of Appeal upheld the certif......
  • The BC Court Of Appeal Maintains A High Bar For Certifying Environmental Class Actions
    • Canada
    • Mondaq Canada
    • 16 Diciembre 2019
    ...Court of Canada denied the plaintiff's application for leave to appeal. Footnotes 1 Kirk v Executive Flight Centre Fuel Services Ltd., 2019 BCCA 111 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specif......

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