Three parties, Kett, Reid, and Sibble, commenced putative class action proceedings against Google LLC related to overlapping claims alleging breach of privacy and misrepresentation. Counsel in the Sibble action applied for, and was granted, carriage of the claims set out in Reid, but not Kett. Google LLC applied for, and was granted, an order staying the Kett action pending determination of certification of Sibble, finding that both actions were predicated on the same cause of action.
On appeal, a majority of the Court of Appeal upheld the decision of the chambers judge.
This case placed limits on the number of plaintiffs (or class action plaintiffs' counsel) that can start similar or overlapping class proceedings against the same defendant. It confirmed that to allow multiple such claims to proceed simultaneously would be an abuse of process.
It was a significant victory for defendants who should not have to defend the same claims on multiple fronts in the same jurisdiction simultaneously.
Fasken acted for Google LLC with a team including Tracey M. Cohen, KC; and Andrew Borrell.
Jurisdiction
- British Columbia
