Accounting For Preference: BCCA Reaffirms The Wide Discretion Of Class Action Certification Judges

The BC Court of Appeal recently reaffirmed the principles of preferability in class action certification proceedings in the case of Vaugeois v Budget Rent-A-Car, wherein the certification judge had determined that a class proceeding was not the preferable forum to decide the disputes between vehicle renters who had allegedly been improperly charged for vehicle repairs.

While the Court of Appeal indicated that the standard of review with respect to the preferability question was determinative of the appeal, Willcock JA's reasons illuminated several key points.

First, the Court of Appeal restated that the standard of review is very high when an appeal court is reviewing a certification judge's decision on preferability. Willcock JA stated that special deference should be paid to the weighing of factors by the chambers judge and the appeal court must determine whether any errors in principle are present which are directly relevant to the conclusions reached.