Judge denies proposed class action lawsuit against BC Liberals

The suit claimed the former government unjustly enriched itself by spending taxes on partisan ads

A B.C. Supreme Court judge has struck down a proposed class action lawsuit against the BC Liberal Party that claimed the former provincial government unjustly enriched itself by spending tax money on non-essential, pre-election partisan advertising.

Justice Ward Branch, in his April 10 judgment in Vancouver noted the plaintiff was David Trapp, 63, a Canadian citizen and B.C. resident who “pleads that he has paid taxes throughout his working life and retirement.”

Branch agreed with the BC Liberals’ counsel that the proposed class action should be struck on grounds it disclosed no “reasonable cause of action.” The claim had not yet been certified as a class proceeding.

Trapp alleged the former provincial Liberal government “engaged in taxpayer-funded partisan and non-essential advertising” prior to the May 14, 2013 provincial general election and continued to do so after it won. The same allegations applied concerning spending in the lead-up to the May 9, 2017 election.

READ ALSO: Lawsuit targets Newmark-Linked properties

READ ALSO: Jury selection scheduled for man charged with killing Abbotsford cop

READ ALSO: Convicted killer Paul Bernardo faces weapons possession charge

The judge also agreed with the defendants’ position that the political party “is not proper defendant and that the plaintiff has failed to plead a proper cause of action against it.”

Trapp proposed to launch a class action civil claim on behalf of “all individual, private, taxpaying citizens of the Province of British Columbia, wherever they reside,” claiming the former Liberal government breached its fiduciary duty to taxpayers by diverting tax money to the party to “commit the conversion.”

Branch noted that “once tax dollars enter the government’s coffers, it would not be proper to characterize those as ‘goods of the plaintiff.’ Rather they become the property of the government.”

He also found an “absence of a proper pleading of damage on the part of the proposed class.

“As the plaintiff emphasized in their argument, they are not actually seeking a return of their tax dollars, but simply a redirection of the funds to more worthy government causes,” he wrote in his reasons for judgment. “I find that this desire to simply control the government’s decision-making power does not qualify as ‘damage’ in the sense contemplated by a common law conspiracy claim.”

On the matter of “unjust enrichment, Branch said, Canadian law permits recovery for this if a plaintiff can establish there was an enrichment or benefit to the defendant and a corresponding deprivation of the plaintiff.

“The only ‘deprivation’ alleged is the failure of the government to expends its funds on other worthy causes, although the plaintiff does not specify what exactly those causes should be,” the judge observed. “I find that this is not the type of deprivation contemplated by an action for unjust enrichment. Taxpayers cannot generally control how government funds are spent. There is no guarantee that any monies spent on other objects would necessarily be spent on causes favoured by each and every taxpayer. Indeed, it is virtually assured that they will not be.”



tom.zytaruk@surreynowleader.com

Like us on Facebook Follow us on Instagram and follow Tom on Twitter

Just Posted

Complete list of B.C. Interior wildfire coverage

Up-to-date information on blazes happening the Kamloops Wildfire Centre

BX wildfire a ‘fire of note’

Blaze now 1.2 hectares

Smoky skies cause Okanagan-wide air quality issues

Central Okanagan pushed to high risk

Vernon poet shines bright light on struggle with homelessness

Book launch for John La Greca’s Homeless Memorial is at Gallery Vertigo July 21

UPDATED: Suspects identified in meat thefts

Honour system fridge dishonoured, RCMP catch up with suspects

Breaking: More evacuation orders for Mount Eneas wildfire, south of Peachland

The BC Wildfire Service is battling a large wildfire alongside Highway 97 in Peachland.

Okanagan Rhythmic Gymnastics seeks support to complete new facility

The final project requires more costly changes to the septic system.

Campers find refuge at Penticton community centre

Campers evacuated from Okanagan Lake Provincial Park

Interior Health wants you to protect your lungs with the smoky skies

Kelowna - With wildfires comes with the risk of smoke pollution across the Interior.

Ontario, Saskatchewan premiers join together to oppose federal carbon plan

Saskatchewan is already involved in a court case over the tax

For-profit ridesharing legislation long overdue: BC Conservatives

Interim party leader Scott Anderson said the provincial government should step out of the way

Owner of fruit stand recounts ‘flames popping up everywhere’ from wildfire near Peachland

The Mount Eneas wildfire is burning at about 200 hectares south of Peachland

After cave rescue, soccer boys pray for protection at Thai temple

On Wednesday evening, the boys and coach were released from hospital

Gymnastics sex abuse victims join hands, accept courage award at ESPYs

The women who spoke out against the abuse by Larry Nassar stood together Wednesday night

Most Read