British Columbia Supreme Court Rejects "File, Smile And Certify" Approach To Class Actions

The British Columbia Supreme Court (Court) recently dismissed the plaintiff's application for class certification in Ewert v. Nippon Yusen Kabushiki Kaisha (Ewert), holding that certification is not simply a "file, smile and certify" exercise in which defendants can be forced into onerous and complex class action litigation on a "wing and a prayer", without meeting the low threshold required. The plaintiff in Ewert alleged that the defendant shipping companies engaged in anti-competitive pricing practices that harmed the purchasers of vehicles and heavy equipment. Justice Myers refused to grant certification, finding that the plaintiff had failed to establish that harm could be shown on a class-wide basis in accordance with the requirements of section 4(1)(c) of the Class Proceedings Act.