On June 4, 2009, Supreme Court of British Columbia Justice Richard Goepel dismissed a claim for certification of a class proceeding brought against United Parcel Service Canada Ltd.
Plaintiff Robert MacFarlane made class-action claims seeking damages arising from consumer complaints involving the purchase of goods from the US and criminal rate of interest allegations surrounding fees charged by UPS relating to brokerage.
The proceeding was brought in British Columbia, Ontario and Québec. The defence team focused on the class proceeding brought in the British Columbia courts, where it argued, among other defences, that the claims could not pass the “air of reality” test for claims that are appropriate for class proceedings. Justice Goepel ruled that MacFarlane v. United Parcel Service Canada Ltd., 2009 BCSC 740, was “not appropriate for certification.”
James Poyner and Patrick Poyner of Poyner Baxter LLP represented the plaintiff in BC.
A litigation team led by John Campion and Andrew Borrell of Fasken Martineau DuMoulin LLP acted for UPS.