Marshall et al. v. United Furniture Warehouse Limited Partnership et al., [2013] B.C.T.C. Uned. 2050

JurisdictionBritish Columbia
JudgeFisher, J.
CourtSupreme Court of British Columbia (Canada)
Subject MatterPRACTICE,TORTS
Citation[2013] B.C.T.C. Uned. 2050,[2013] B.C.T.C. Uned. 2050 (SC),2013 BCSC 2050
Date08 November 2013
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42 practice notes
  • Book Review: The Class Actions Controversy: The Origins and Development of the Ontario Class Proceedings Act By Suzanne Chiodo
    • Canada
    • Irwin Books The Canadian Class Action Review No. 13-2, March 2018
    • March 1, 2018
    ...the Court, looking at all reasonably available means of resolving the claims;” Marshall v United Furniture Warehouse Limited Partnership, 2013 BCSC 2050 at para 230, aff’d 2015 BCCA 252, leave to appeal to SCC refused, [2015] SCCA No 326. See also Jeffrey v Nortel Networks, 2007 BCSC 69 at ......
  • Judicial Scrutiny of Third Party Litigation Funding Agreements in Canadian Class Actions
    • Canada
    • Irwin Books The Canadian Class Action Review No. 13-2, March 2018
    • March 1, 2018
    ...the Court, looking at all reasonably available means of resolving the claims;” Marshall v United Furniture Warehouse Limited Partnership, 2013 BCSC 2050 at para 230, aff’d 2015 BCCA 252, leave to appeal to SCC refused, [2015] SCCA No 326. See also Jeffrey v Nortel Networks, 2007 BCSC 69 at ......
  • Introduction
    • Canada
    • Irwin Books The Canadian Class Action Review No. 13-2, March 2018
    • March 1, 2018
    ...the Court, looking at all reasonably available means of resolving the claims;” Marshall v United Furniture Warehouse Limited Partnership, 2013 BCSC 2050 at para 230, aff’d 2015 BCCA 252, leave to appeal to SCC refused, [2015] SCCA No 326. See also Jeffrey v Nortel Networks, 2007 BCSC 69 at ......
  • The Fourth Dimension to Class Actions: Access to a Meaningful Benefit
    • Canada
    • Irwin Books The Canadian Class Action Review No. 13-2, March 2018
    • March 1, 2018
    ...the Court, looking at all reasonably available means of resolving the claims;” Marshall v United Furniture Warehouse Limited Partnership, 2013 BCSC 2050 at para 230, aff’d 2015 BCCA 252, leave to appeal to SCC refused, [2015] SCCA No 326. See also Jeffrey v Nortel Networks, 2007 BCSC 69 at ......
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33 cases
  • L.C. et al. v. Alberta et al., 2016 ABQB 151
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • March 14, 2016
    ...one class member must mean success for all" (at para 48). [226] Also cited are Marshall v United Furniture Warehouse Limited Partnership, 2013 BCSC 2050; Caputo v Imperial Tobacco Ltd; Ernewein v General Motors of Canada Ltd, 2005 BCCA 540; Joanisse v Barker, [2003] OJ No 3137, 38 CPC (5th)......
  • 0790482 B.C. Ltd. v. KBK No. 11 Ventures Ltd.,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • September 3, 2021
    ...focus is on the form of the action as a class action: Hollick at para. 16; Marshall v. United Furniture Warehouse Limited Partnership, 2013 BCSC 2050 at para. 51, aff’d 2015 BCCA 252. The plaintiff points out that certification does not involve an assessment of the merits of its clai......
  • Cantlie v. Canadian Heating Products Inc., 2017 BCSC 286
    • Canada
    • Supreme Court of British Columbia (Canada)
    • February 22, 2017
    ...see e.g. Clark v. Energy Brands Inc., 2014 BCSC 1891 (B.C. S.C.) at para. 75; Marshall v. United Furniture Warehouse Limited Partnership, 2013 BCSC 2050 (B.C. S.C.) at para. 157, aff'd 2015 BCCA 252 (B.C. C.A.). On the other hand, at least one case has followed Loychuk on this point: Bryan ......
  • Matthews v. La Capitale Civil Service Mutual, 2020 BCSC 787
    • Canada
    • Supreme Court of British Columbia (Canada)
    • May 28, 2020
    ...from the pleading considered by Fisher J., as she then was, in Marshall v. United Furniture Warehouse Limited Partnership, 2013 BCSC 2050, aff’d 2015 BCCA 252, leave to appeal to SCC ref’d 2016 CarswellBC 707 [Marshall SC]. In Marshall SC, the only basis for including two of the defendants ......
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9 books & journal articles
  • Introduction
    • Canada
    • Irwin Books The Canadian Class Action Review No. 13-2, March 2018
    • March 1, 2018
    ...the Court, looking at all reasonably available means of resolving the claims;” Marshall v United Furniture Warehouse Limited Partnership, 2013 BCSC 2050 at para 230, aff’d 2015 BCCA 252, leave to appeal to SCC refused, [2015] SCCA No 326. See also Jeffrey v Nortel Networks, 2007 BCSC 69 at ......
  • Judicial Scrutiny of Third Party Litigation Funding Agreements in Canadian Class Actions
    • Canada
    • Irwin Books The Canadian Class Action Review No. 13-2, March 2018
    • March 1, 2018
    ...the Court, looking at all reasonably available means of resolving the claims;” Marshall v United Furniture Warehouse Limited Partnership, 2013 BCSC 2050 at para 230, aff’d 2015 BCCA 252, leave to appeal to SCC refused, [2015] SCCA No 326. See also Jeffrey v Nortel Networks, 2007 BCSC 69 at ......
  • Class Proceedings and the Future of Boilerplate in Consumer Contracts: Unconscionability as a Common Law Solution to Class Action Avoidance
    • Canada
    • Irwin Books The Canadian Class Action Review No. 13-2, March 2018
    • March 1, 2018
    ...the Court, looking at all reasonably available means of resolving the claims;” Marshall v United Furniture Warehouse Limited Partnership, 2013 BCSC 2050 at para 230, aff’d 2015 BCCA 252, leave to appeal to SCC refused, [2015] SCCA No 326. See also Jeffrey v Nortel Networks, 2007 BCSC 69 at ......
  • Cost-shifting and Access to Justice: A Quantitative Review of Certification Motion Cost Awards in Ontario
    • Canada
    • Irwin Books The Canadian Class Action Review No. 13-2, March 2018
    • March 1, 2018
    ...the Court, looking at all reasonably available means of resolving the claims;” Marshall v United Furniture Warehouse Limited Partnership, 2013 BCSC 2050 at para 230, aff’d 2015 BCCA 252, leave to appeal to SCC refused, [2015] SCCA No 326. See also Jeffrey v Nortel Networks, 2007 BCSC 69 at ......
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