Come Fly With Me: Non-Resident Class Plaintiff Picks Litigation Travel Companion For BC Class Proceedings

The British Columbia Court of Appeal has confirmed in Prince George Airport Authority Inc. v. Roy¹ that a non‑resident's commencement of a proposed class proceeding does not bar a subsequently added British Columbia resident from applying for certification under s. 2 of the Class Proceedings Act (the "CPA"). Dismissing the defendants' appeal, the Court held that the CPA's text, context, and purposes support a flexible approach: once a BC‑resident class member is added as a plaintiff, that person may "commence" and pursue certification under s. 2(1)–(2), regardless of whether they filed the original notice of civil claim. The Court further emphasized the CPA's broad procedural discretion under ss. 12 and 40 and its objectives—access to justice, judicial economy, and behavior modification— prevail over rigid, formalistic readings, that would stymie otherwise viable class claims.