What is the basis for an application under Rule 18A of the Rules 18A?
British Columbia, Canada
The following excerpt is from Brent v. Slegg Construction Materials Ltd., 2007 BCSC 661 (CanLII):
The plaintiff relies on Kilroy v. A OK Payday Loans Inc.(2006), 59 B.C.L.R. (4th) 78, 2006 BCSC 1213, a case in which the plaintiff in a class proceeding applied under Rule 18A to have the court determine a number of issues, including whether processing fees payable under contracts made between the defendant and the plaintiff constitute interest at a rate prohibited by the Criminal Code and, if so, whether the defendant had been unjustly enriched by the collection of the processing fees.
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