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ARTICLE · 02 JANUARY 2014

B.C. Court Denies Certification In Furniture Voucher Case

Stikeman Elliott LLP
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On November 8, 2013, the Supreme Court of British Columbia refused to certify a class action in connection with a "cashable voucher program" offered by United Furniture Warehouse stores in 2003-2004.

CanadaLitigation, Mediation & Arbitration
Sinziana Hennig
Sinziana Hennig
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On November 8, 2013, the Supreme Court of British Columbia refused to certify a class action in connection with a "cashable voucher program" offered by United Furniture Warehouse ("UFW") stores in 2003-2004.

The motions judge in Marshall v. United Furniture Warehouse Limited Partnership held that the pleadings did not disclose causes of action for breach of warranty or negligence, and found that there was insufficient commonality or evidence to certify common issues relating to negligent misrepresentation and breach of the Business Practices and Consumer Protection Act ("BPCPA").

Background

Beginning in March 2003, customers purchasing furniture from UFW stores received vouchers for up to 100% of the value of the furniture. The vouchers were issued by Consumers Trust (an English entity unrelated to UFW) and could be redeemed for cash within a one-week period three years after the purchase date.

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