Sutherland v. Electronic Arts Inc.
Mark Sutherland
Electronic Arts Inc.
Electronic Arts (Canada) Inc.

Case Overview:
The case centered on a proposed class action under the Class Proceedings Act, R.S.B.C. 1996, c. 50. The plaintiff alleged deceptive and unconscionable practices involving "loot boxes" in over 70 of EA’s video games, claiming violations of the Business Practices and Consumer Protection Act (BPCPA) and elements of unlawful gaming under the Criminal Code.

Legal Issues:

  1. Deceptive Practices: The plaintiff argued EA misled consumers about loot box odds and the availability of valuable virtual items, contravening sections 4–5 of the BPCPA.

  2. Unconscionability: Claims under sections 8–9 of the BPCPA asserted inequality of bargaining power and improvident transactions due to EA’s control of loot box mechanics.

  3. Certification Requirements: The court considered whether the action met class action prerequisites, including identifiable class, commonality, and preferable procedure.

Court's Findings:
Justice Fleming certified the class action, finding the allegations disclosed viable causes of action and common issues capable of advancing the litigation. Key evidence included EA's non-disclosure of odds, exploitative game design, and significant revenue from loot boxes. The court emphasized the importance of resolving issues collectively over individual claims.

Costs and Awards:
The court granted certification but reserved decisions on damages, restoration orders, or aggregate monetary awards under the BPCPA. The total costs or awards in favor of the plaintiff's class were not finalized in this judgment.

Supreme Court of British Columbia
S209803
Class actions
Plaintiff