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ARTICLE · 23 APRIL 2025

Sibble v. Google LLC: BC Supreme Court Weighs In On Pre-Certification Notices To Admit

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In a certification hearing, what evidentiary value can be placed on pleadings, decisions and documents emanating from litigation or regulatory proceedings in the United States?

CanadaLitigation, Mediation & Arbitration
Canadian Class Actions Monitor
Canadian Class Actions Monitor
Kevan Hanowski
Kevan Hanowski
Salessa King
Salessa King
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Sibble v. Google LLC, 2025 BCSC 537

In a certification hearing, what evidentiary value can be placed on pleadings, decisions and documents emanating from litigation or regulatory proceedings in the United States? Courts in British Columbia have wrestled with this question in recent years, as plaintiff's counsel have attempted to leverage litigation or regulatory documents from foreign jurisdictions to meet their evidentiary burden at certification.

The battle over the admissibility of foreign regulatory or litigation documents has a new dimension: what happens when plaintiff's counsel issues a notice to admit, before certification, seeking the admission of the truth of certain documents and facts emanating from US proceedings? This issue was recently addressed in Sibble v Google LLC, 2025 BCSC 537.

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