Background Facts: Nippon Yusen Kabushiki Kaisha and other defendants were involved in three separate class actions in British Columbia (BC), Ontario, and Quebec. These actions alleged an international conspiracy in the supply of roll-on/roll-off vehicle shipping services, leading to inflated prices for Canadian purchasers. The plaintiffs in BC and Quebec sought certification for their class actions, while the Ontario action had not been certified.

Legal Arguments/Issues: The appellants sought to consolidate the actions into a Single Common Issue Proceeding (SCIP) in BC, arguing for efficiency and avoidance of duplicative litigation. They contended the trial judge erred by using a forum non conveniens analysis instead of the proper legal test for amending certification orders under the Class Proceedings Act (CPA). The respondent, Darren Ewert, opposed the consolidation, favoring Quebec due to advantageous discovery rules and to prevent prejudice against potential umbrella purchaser members in Ontario.

Court's Ruling: The court held that it had jurisdiction to hear the appeal but dismissed the appellants' request for a SCIP in BC. The trial judge appropriately applied the relevant legal principles and balanced the factors against the appellants' application. The judge affirmed that plaintiffs were entitled to choose their forum and that the appellants failed to demonstrate that BC was a more appropriate forum.

Costs/Damages Awarded: The document did not specify the costs or damages awarded in favor of Darren Ewert. The appeal was dismissed, typically involving costs awarded to the respondent.