British Columbia Supreme Court Strikes Certification Application For Failure To Meet Residency Requirement

Overview

A claimant's failure to prove standing as a British Columbia resident under section 2(1) of the Class Proceedings Act, RSBC 1996, c. 50 (CPA), can result in the certification application being struck by the Court. The British Columbia Supreme Court recently considered this issue in MM Fund v. Excelsior Mining Corp., 2022 BCSC 1541.

Who is a resident under s. 2(1) of the CPA?

Following the commencement of proceedings, the plaintiff, MM, filed its certification application. MM was a mutual fund (a trust) established under the laws of, and based in, Ontario. MM was managed by another Ontario entity as its trustee, investment fund manager and portfolio manager. MM did not have a registered office nor a place of business in B.C. The defendant, Excelsior, a copper production company listed on the Toronto Stock Exchange, sought an order to strike MM's certification application on the basis that MM was not a resident of B.C. for the purposes of s. 2(1) of the