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 proving once again, it’s a small town with a big heart

It takes a town full of volunteers to ensure no child goes hungry

Prosecution in Colin John murder trial wrapping up in Duncan

John on trial for stabbing death in Chemainus in 2016

15 new Indigenous teacher training seats added at Cowichan VIU campus

Thorne said the new Indigenous teacher education curriculum that is planned at VIU

Breakfast with Santa a Ladysmith staple

Nearly 700 people took part in this annual charity event

Christmas comes alive in Crofton

Parade entries light up the night and rain holds off

Man caught on camera allegedly trying to defraud ICBC

Auto-insurer warns B.C. drivers to record info after crashes

Warning issued as forecast calls for 20-foot waves in Tofino

Dangerous waves, strong currents and upper-shoreline flooding expected for Tofino-Ucluelet area

Oil tanker ban to be reviewed by committee

Indigenous groups for and against Bill C-48 travel to Ottawa to influence the Senate’s decision

An 800-pound pig named Theodore needs a forever home, B.C. society says

‘Theodore is not destined to be somebody’s bacon’

Teenager Alphonso Davies wins Canadian Men’s Soccer Player for the Year Award

Derek Cornelius and Chilliwack native, Jordyn Huitema were named Canadian Youth International Players of the Year

B.C. teen MMA fighter shows heart

Young Unity MMA competitors bring home Ws

2,000 Canadians died of an overdose in first 6 months of the year

New data from the Public Health Agency of Canada shows the crisis is not subsiding

Another B.C. city votes to ban single-use plastic bags

First six months of proposed ban would focus on education, not enforcement

Most Read