What causes of action have been struck out of a class action for breach of section 61 of the Competition Act?

British Columbia, Canada


The following excerpt is from Coburn and Watson’s Metropolitan Home v. Bank of America Corporation, 2016 BCSC 2021 (CanLII):

The certification judge struck the claims for breach of s. 61 of the Competition Act, conspiracy to commit an unlawful act, unlawful interference with economic interests and constructive trust as disclosing no cause of action. The balance of the claims were certified as a class action, namely breach of s. 45 of the Competition Act, the tort of conspiracy to injure, unjust enrichment and waiver of tort: see Watson v. Bank of America Corporation, 2014 BCSC 532.

The Court of Appeal re-instated portions of the plaintiff’s claim that had been struck by the certification judge and struck out portions that had been allowed: see Watson v. Bank of America Corporation, 2015 BCCA 362.

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