Class Actions

Services

How We Can Help

Harper Grey lawyers have represented both plaintiffs and defendants in class actions lawsuits. We have also acted for other groups who have a vested interest in outcomes, such as not-for-profit associations.

Services

• Actions brought on behalf of shareholders against public companies
• Defence of corporate interests against actions brought on by shareholders
  
• Argued for access to funding and coverage for specific medical procedures currently not granted by the provincial government
• Defence of religious institutions in allegations of historical sexual abuse at residential schools
• Representing plaintiff groups and defending corporations in allegations of faulty products
  

Current Cases

• Breathalyser Class Action: Harper Grey represents a plaintiff who claims that police were negligent in their investigation under the province's new impaired driving legislation. A hearing is set for October 30 and 31, 2012 to determine if the class action will proceed. Read more about this case.
• Private Residences at Hotel Georgia - Condominium Pre-Sale Dispute. This dispute is on behalf of all persons who purchased a development unit in the building, and who seek a refund of their deposit towards that purchase based on an alleged breach of the Real Estate Development Marketing Act (REDMA). Read more about our condo pre-sale dispute services.

Innovation

Breathalyser Class Action

Harper Grey represents a plaintiff who claims that police were negligent in their investigation under the province's new impaired driving legislation. A hearing is set for October 30 and 31, 2012 to determine if the class action will proceed.

The law says that if an approved screening device (also known as a breathalyser) measures a blood alcohol content of .05 mg or higher it should display a "warn" signal. A driver who produces a "warn" is subject to an immediate driving prohibition, a significant fine and vehicle impoundment.

The lawsuit alleges that the police used improperly programmed screening devices (breathalysers) and that drivers may have been charged when their blood alcohol levels were actually below .05 mg percent. It does not challenge the validity of the impaired driving legislation; rather, it is focused on the alleged deficiencies when the police investigate and enforce the law.

We estimate that more than 1,000 people may have registered faulty breathalyser test results since September 20, 2010.

Read more about this case.

Hotel Georgia Private Residence Class Action

Harper Grey lawyers represent clients in a dispute with the developers of the Private Residences at the Hotel Georgia. On May 25, 2012, we filed a claim under the Class Proceedings Act. The dispute is on behalf of all persons who purchased a development unit in the building, and who seek a refund of their deposit towards that purchase based on an alleged breach of the Real Estate Development Marketing Act (REDMA).

Read more about our condo pre-sale dispute services.

Autism Class Action

Represented the parents of children with autism who sought coverage for therapy under the Medical Services Plan. Auton (Guardian ad litem of) v. British Columbia (Attorney General)

Historical Sexual Assault

Represented the United Church in proceedings collectively cited as Blackwater v. Plint et al which determined the liability of the Government of Canada and the United Church for sexual assaults committed at Indian Residential Schools. The case was decided by the Supreme Court of Canada in October 2005 (2005 SCC 58) and will serve as a leading judgment on issues of institutional liability and assessment of damages.

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