Background: In Merchant Law Group LLP v. Mayer, James Mayer initiated a proposed class action against Merchant Law Group LLP. Mayer alleged that Merchant Law induced individuals to pay a $500 retainer fee to join a class action related to a sham charitable donation tax shelter scheme.

Legal Arguments/Issues:

1. Jurisdiction: Merchant Law argued that Saskatchewan was the more appropriate forum for the class action based on forum non conveniens grounds.
2. Service of Process: The validity of serving legal documents in Saskatchewan without prior leave was contested.
3. Misrepresentations and Misuse of Funds: Mayer claimed that Merchant Law misrepresented the legitimacy of the class action and misused approximately $1.7 million in collected retainer fees.

Held: The Court of Appeal for British Columbia upheld the lower court’s decision, determining that BC was the appropriate forum. Key factors included Mayer’s residency in BC, the execution of the agreement in BC, and the agreement's governing law clause specifying BC law. The court also validated the service of documents in Saskatchewan under Rule 4-5(6) of the Supreme Court Civil Rules, as they could have been validly served in BC, and the procedural error did not nullify the proceedings.

Costs/Damages Awarded: The appeal was dismissed, but the summary did not specify the exact amount of costs awarded to the successful party.