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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