Background: The case involved 676083 B.C. Ltd. (676) alleging improper surcharges and anti-competitive practices by Good Guys Recycling Inc. (formerly Revolution Resource Recovery Inc.).

Certification Decision and Appeal: 676, a former customer of Good Guys, claimed overcharges through an 18% surcharge not tied to actual costs and restrictive contractual clauses. The BC Supreme Court initially refused to certify the class action but allowed re-application. The Court of Appeal upheld the certification, dismissing Good Guys' appeal.

Legal Issues

• Breach of Contract: Whether Good Guys breached agreements by imposing arbitrary surcharges.
• Unjust Enrichment: 676 claimed the surcharges were unjust enrichment.
• Restraint of Trade: 676 challenged Good Guys' contract clauses as restrictive and unconscionable.

Leave Application: Good Guys sought a stay of proceedings pending a Supreme Court of Canada decision on its leave to appeal. They argued about appointing non-class members as representative plaintiffs and the necessity of class-wide loss evidence for certifying damages.

Analysis and Decision: The Court of Appeal found the leave application had low merit and dismissed the stay request. It noted that the potential harm to 676 from further delays outweighed the minimal financial impact on Good Guys. The court emphasized proceeding without delay given the case's long history.

Costs/Award: The document did not specify the total amount of costs or awards in favor of 676083 B.C. Ltd.