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

Province delivers notice of unauthorized occupation to Saanich tent city Camp Namegans

A Ministry of Transportation liaison to Camp Namegans delivered a “notice of… Continue reading

Crash backs up traffic on Pat Bay Highway

Crews on scene say two women suffered minor injuries after their vehicles… Continue reading

Saanich grants public hearing to senior housing proposal

Five-storey rental apartment would add 39 units near Cuthbert Holmes Park

Esquimalt gets on board with Island-wide business licence

Township the first municipality in the region to sign on

Trudeau asks transport minister to tackle Greyhound’s western pullout

Prime Minister Justin Trudeau says he’s asked Transport Minister Marc Garneau to find solutions in Greyhound Canada’s absence.

New signs will memorialize Saanich’s Shelbourne Street

Memorial Avenue Committee plans call for Sept. 29 dedication ceremony

Kitten OK after being rescued from underground pipe in B.C.

An adventurous feline has been rescued after getting trapped in an underground pipe in Kamloops, B.C.

A day after back-tracking, Trump defends summit performance

Amid bipartisan condemnation of his embrace of a longtime U.S. enemy, Trump at first sought to end 27 hours of recrimination by delivering a rare admission of error Tuesday.

Thai soccer players rescued from cave meet the media

Members of the Thai youth soccer team who were trapped in a cave have left the hospital where they have been treated since their rescue.

Elon Musk apologizes for calling cave rescue diver a ‘pedo’

Musk called a British diver involved in the Thailand cave rescue a pedophile to his 22.3 million Twitter followers on July 15.

Trudeau shuffles familiar faces, adds new ones to expanded cabinet

Justin Trudeau shuffles his front bench Wednesday to install the roster of ministers that will be entrusted with leading the Liberal team into next year’s election.

Special forces unit to monitor Hells Angels ride on Vancouver Island

Enforcement unit says motorcycle club to hold 35th anniversary ride in Nanaimo

Hub for mental health and addictions treatment opens at B.C. hospital

St. Paul’s Hospital HUB is an acute medical unit that includes 10 patient beds

Most Read