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

Cassidy home lost to fire, but family and 14 dogs are safe

Firefighters were called to a blaze Wednesday morning at house near Nanaimo Airport

Gas prices on Vancouver Island to drop six cents

But a ‘volatile’ market could lead to increases in the coming weeks

Nanoose Bay teen aims to build a bionic arm

Prosthetic prototype project latest in high school student’s math and tech ambitions

Nanaimo’s Thorpe chosen chairman of RDN board

Ian Thorpe elected to position at inaugural meeting of the new Regional District of Nanaimo board

Nanaimo-based pot producer Tilray reports revenue surge, net loss

Company remains excited about ‘robust’ cannabis industry

People flocking to Vancouver Island city to see hundreds of sea lions

Each year the combination of Steller and California sea lions take over Cowichan Bay

Vancouver Island Symphony matches music with acrobats, aerialists and contortionists

‘Love: A Blink Acro Cirque Spectacular’ comes to the Port Theatre on Saturday

Guest comment: Downtown shouldn’t cater to drivers

I’m not saying ban cars, I’m saying stop accommodating them, says guest columnist

Talent show: B.C. girl, 8, memorizes entire periodic table

Grade 4 student Maya Lakhanpal heads to B.C. talent show finals with unique talent

B.C. teacher suspended 5 days for touching colleague’s buttocks

Lancer Kevin Price of Chilliwack has handed the retroactive suspension for 2017 incidents

Commercial trucks banned from left lane of Coquihalla

B.C.’s Ministry of Transportation has introduced a new program that hopes to prevent accidents and closures on the Coquihalla Highway.

Black Panther claw, Power Rangers blade among 2018’s ‘worst toys,’ safety group says

The World Against Toys Causing Harm organized announced its 46th annual list in Boston on Tuesday

Threat of extremism posed by proportional representation overstated: academics

As B.C. voters decide on electoral reform, the Vote No side is cautioning that the system would allow extremists to be elected

Investigation underway into reported sexual assault at B.C. naval base

An Oct. 5 allegation is being investigated by Canadian Forces National Investigation Service

Most Read