Case Overview: 676083 B.C. Ltd. claimed that Good Guys Recycling Inc. overcharged customers through unauthorized surcharges, set at a fixed 18%, unrelated to actual costs incurred. They sought damages for breach of contract and unjust enrichment. Additionally, the plaintiff argued that contractual clauses hindered customers from avoiding automatic renewals or switching service providers, seeking to have these clauses declared void and unenforceable.

Procedural History: In 2019, the chambers judge refused to certify the class action but allowed reapplication for the restraint of trade claim with conditions. In 2021, the Court of Appeal allowed reapplication for certification of the breach of contract claim for the surcharge class. The plaintiff then re-applied, and the judge certified the action for both claims. On appeal, Good Guys Recycling Inc. argued that the certification judge erred in finding that the breach of contract claim disclosed a reasonable claim for expectation damages and that the restraint of trade claim raised common issues. They also contended that a class proceeding was not the preferable procedure for resolution and that appointing 676083 B.C. Ltd. as the representative plaintiff was improper.

Outcome: The Court of Appeal dismissed the appeal, upholding the certification of the class action for both breach of contract and restraint of trade claims. The judge found no errors in the certification decision and concluded that a class proceeding was the preferable procedure. The total amount of costs and/or awards in favor of the successful party was not specified in the document.