Judge denies proposed class action lawsuit against BC Liberals

The suit claimed the former government unjustly enriched itself by spending taxes on partisan ads

A B.C. Supreme Court judge has struck down a proposed class action lawsuit against the BC Liberal Party that claimed the former provincial government unjustly enriched itself by spending tax money on non-essential, pre-election partisan advertising.

Justice Ward Branch, in his April 10 judgment in Vancouver noted the plaintiff was David Trapp, 63, a Canadian citizen and B.C. resident who “pleads that he has paid taxes throughout his working life and retirement.”

Branch agreed with the BC Liberals’ counsel that the proposed class action should be struck on grounds it disclosed no “reasonable cause of action.” The claim had not yet been certified as a class proceeding.

Trapp alleged the former provincial Liberal government “engaged in taxpayer-funded partisan and non-essential advertising” prior to the May 14, 2013 provincial general election and continued to do so after it won. The same allegations applied concerning spending in the lead-up to the May 9, 2017 election.

READ ALSO: Lawsuit targets Newmark-Linked properties

READ ALSO: Jury selection scheduled for man charged with killing Abbotsford cop

READ ALSO: Convicted killer Paul Bernardo faces weapons possession charge

The judge also agreed with the defendants’ position that the political party “is not proper defendant and that the plaintiff has failed to plead a proper cause of action against it.”

Trapp proposed to launch a class action civil claim on behalf of “all individual, private, taxpaying citizens of the Province of British Columbia, wherever they reside,” claiming the former Liberal government breached its fiduciary duty to taxpayers by diverting tax money to the party to “commit the conversion.”

Branch noted that “once tax dollars enter the government’s coffers, it would not be proper to characterize those as ‘goods of the plaintiff.’ Rather they become the property of the government.”

He also found an “absence of a proper pleading of damage on the part of the proposed class.

“As the plaintiff emphasized in their argument, they are not actually seeking a return of their tax dollars, but simply a redirection of the funds to more worthy government causes,” he wrote in his reasons for judgment. “I find that this desire to simply control the government’s decision-making power does not qualify as ‘damage’ in the sense contemplated by a common law conspiracy claim.”

On the matter of “unjust enrichment, Branch said, Canadian law permits recovery for this if a plaintiff can establish there was an enrichment or benefit to the defendant and a corresponding deprivation of the plaintiff.

“The only ‘deprivation’ alleged is the failure of the government to expends its funds on other worthy causes, although the plaintiff does not specify what exactly those causes should be,” the judge observed. “I find that this is not the type of deprivation contemplated by an action for unjust enrichment. Taxpayers cannot generally control how government funds are spent. There is no guarantee that any monies spent on other objects would necessarily be spent on causes favoured by each and every taxpayer. Indeed, it is virtually assured that they will not be.”



tom.zytaruk@surreynowleader.com

Like us on Facebook Follow us on Instagram and follow Tom on Twitter

Just Posted

Kelowna properties flooded along Heimlich Road

Flooding started on Spiers Road Tuesday and continued into properties, said an area resident

Wanted man nabbed after flipping car in Kelowna

A wanted man is now facing charges

Dangerous driver stopped by spike belt in Lake Country

The driver was arrested in Lake Country after fleeing the scene in Kelowna

No immediate threat of flooding in Lake Country, says district

Mitigation efforts on district creeks have been ongoing

Supreme Court of Canada ruling a “missed opportunity” for B.C. wineries

B.C. Wine Institute and its members disappointed about ruling on interprovincial trade

Rockets to bid on 2020 Memorial Cup

Kelowna’s WHL team vies to host annual four-team national junior championship

B.C. First Nations get clarity on fishing rights from top court

Nations call federal government to settle fishing rights ‘within the true meaning of reconciliation’

Complaint filed against B.C. naturopath who treated boy with rabid dog saliva

BC Naturopathic Association questions Dr. Anke Zimmermann’s conduct on recent treatments

Judge to give decision Friday in Gabriel Klein ‘fitness’ hearing

Man accused in Abbotsford school stabbing could have trial delayed due to mental-health issues

Province steps up to help Catalyst Paper in war against U.S. duties

Paper company hit with more than 28 per cent in American tariffs

Update: Police chief calls constable a fallen hero during public funeral

Late Victoria cop mourned by officers from numerous local, out-of-town jurisdictions

Government has no solution for dangerous stretch of Highway 1

Columbia River-Revelstoke MLA Doug Clovechok met with the Ministry to talk about the dangers around Highway 1

B.C. couple caught in Kootenay Pass avalanche

Just after the ministry carried out avalanche control and opened the highway a Rossland couple was almost swept away by snow

Lance Armstrong settles $100M lawsuit with U.S. government

Disgraced cyclist reached $5-million settlement with sponsor U.S. Postal Service

Most Read