Case Overview: Scott Leaf sought to certify a class action against Hershey Canada Inc. and The Hershey Company (appellant), alleging negligent misrepresentation regarding their opposition to child labour and slavery in their cocoa supply chain. The appellant challenged the jurisdiction of British Columbia courts.

Initial Ruling: The Supreme Court of British Columbia dismissed Hershey's application to dismiss or stay the proceedings, citing a "real and substantial connection" to British Columbia.

Appeal: The Court of Appeal allowed Hershey's appeal, determining no arguable case that the appellant committed a tort in British Columbia or was carrying on business there.

Key Legal Points:

• Territorial Competence: Governed by the Court Jurisdiction and Proceedings Transfer Act (CJPTA), requiring a "real and substantial connection" to British Columbia.
• Negligent Misrepresentation: The respondent’s pleadings and affidavits did not clearly show misrepresentation received and relied upon in British Columbia.
• Business Activities: The evidence did not prove that the appellant’s business activities in British Columbia were sufficient to establish jurisdiction.

Conclusion: The appeal was allowed, setting aside the judgment asserting British Columbia’s territorial competence over the claim, highlighting the necessity for clear and detailed pleadings to establish jurisdiction.

There was no monetary award specified in this case.