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Metro council investigation into deaths at LMDC now complete

Too Big To Certify - Litigation, Mediation & Arbitration

In Kett v. Mitsubishi Materials Corporation, 2020 BCSC 1879, Justice Branch dismissed a certification application because the case was too big to certify . The case confirms that there are limits to the scale of class actions-while plaintiffs may create the appearance of commonality through abstraction, certification will be inappropriate where individual analyses dominate. The judgement is also notable for: limiting the use of BC s Business Practices and Consumer Protection Act (the BPCPA ) against parties in a supply chain that provide components; not finished goods in the form received by consumers; requiring plaintiffs counsel to disclose any relationship between the plaintiff and the firm;

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