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Background:
Brian Roy, a retired pilot from Nova Scotia, filed a class action against The Calgary Airport Authority and other Canadian airport authorities. He alleged wrongful charges of Airport Improvement Fees (AIFs) and Passenger Facility Fees (PFFs) on employee travel passes, seeking damages for contract breach, unjust enrichment, tort, and the Competition Act (later removed).
Legal Issues:
Standing: Mr. Roy lacked standing under the Class Proceedings Act (CPA) as he was not a British Columbia resident. The court addressed whether his lack of standing rendered the claim a nullity or could be remedied by adding a qualified plaintiff.
Abuse of Process: The defendants argued that filing parallel claims in multiple jurisdictions constituted an abuse of process. They claimed Mr. Roy acted as a "token plaintiff" to improperly benefit from tolling limitation periods.
Addition of Plaintiff: Mr. Roy sought to add Benjamin Scott, a B.C. resident, as a plaintiff nunc pro tunc to remedy the defect.
Court Decision:
The court concluded that Mr. Roy’s lack of standing did not nullify the claim and permitted adding Mr. Scott as a plaintiff nunc pro tunc. The court dismissed the abuse of process claim, finding no egregious conduct.
Costs:
The court did not award costs against either party, leaving each to bear their own legal expenses.
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Plaintiff
Defendant
Court
Supreme Court of British ColumbiaCase Number
S193490Practice Area
Class actionsAmount
Not specified/UnspecifiedWinner
PlaintiffTrial Start Date