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

Ladysmith RCMP probe armed robbery at Timberlands Pub Liquor Store

Ladysmith RCMP are investigating after an armed robbery at the Timberlands Pub… Continue reading

Vancouver Island designated as foreign trade zone

NANAIMO - Trade zone designation simplifies importing and exporting and provides duty relief

Penelakut Tribe threatens legal action on freighters

Lack of consultation cited by Cowichan-Malahat-Langford MP MacGregor

Vancouver Island pharmacist suspended for giving drugs with human placenta

RCMP had samples of the seized substances tested by Health Canada

Getting along and information flow essentials for Area G director candidate

Jonas feels working productively together makes a better community

VIDEO: Tour de Rock rider says event provides badly needed support

Cancer survivor and volunteer firefighter Nicole Emery speaks about importance of fundraising tour

Rattie scores 3 as Oilers blank Canucks 6-0

Vancouver slips to 1-5 in exhibition play

Veterans Affairs ordered to take second look before supporting vets’ relatives

Liberal government ordered officials to adopt a more critical eye

Dead B.C. motorcyclist was member of group that raced down mountain road

Some group members record their rides on Strathcona Parkway and post times to page

Indigenous athletes in spotlight at BC Sports Hall of Fame

New gallery to feature Carey Price, Kaila Mussel and Richard Peter

B.C. couple who went missing on flight from Edmonton named by family

Family released a statement Wednesday saying they’re still intent on finding the two-seater plane

VIDEO: A close look at what you were breathing during the B.C. wildfire season

Electron microscope images show soot and tar particles generated by worst B.C. fire season

Island man calls 911 after being robbed of his drugs

Nineteen-year-old and 15-year-old suspects face multiple charges following robbery Monday in Nanaimo

B.C. woman donates $250,000 to ovarian cancer research for friends

Two of Patty Pitts’s friends passed away from the disease within a year

Most Read