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

Pilot project to address coal dust escaping from rail cars

Shuswap resident Marijke Dake pleased to see action by CP Rail, Teck Resources Ltd

BC Wildfire holding steady on Okanagan Complex

Evening update on Okanagan fire situation

Special board gets those with mobility challenges out on the water at Canoe Beach

A special beach chair was used to cross the uneven ground down to the water’s edge.

Okanagan Wildfires: Monday morning update on wildfires and evacuations

A Monday morning look at the major wildfires impacting the Okanagan and Similkameen.

BC Wildfire merges Mt. Eneas and Munro Lake fires

Large plume of smoke seen over the fire was a controlled event

BC Games: Day 3 wrap and closing ceremonies

The torch in the Cowichan Valley has been extinguished as Fort St. John gets ready to host the 2020 BC Winter Games

Nitty Gritty Dirt band returns to the South Okanagan

The Nitty Gritty Dirt Band will perform at the South Okanagan Events Centre

Soaring temperatures, high winds could worsen fires in B.C.’s southern Interior

Environment Canada’s forecast for the next week in the southern Interior does not inspire confidence, with temperatures in the 30s and winds gusting over 40 kilometres per hour.

Okanagan Mountain Park fire remains the same size

Crews built hand guards and continued to extinguish hot spots.

Iran dismisses Trump’s explosive threat to country’s leader

Trump tweeted late on Sunday that hostile threats from Iran could bring dire consequences.

Update: Police probe Toronto shooting that killed 2, injured 12; suspected gunman dead

Paramedics said many of the victims in Danforth, including a child, were rushed to trauma centres

Why do they do it? Coaches guide kids to wins, personal bests at the BC Games

Behind the 2,300 B.C. athletes are the 450 coaches who dedicate time to help train, compete

Reel Reviews: Floundering inferno

We quote Charlie Brown: “Good grief!”

Most Read