Background:
Gayle Vallance and other proposed class members purchased goods online that were shipped to Canada by DHL Canada. Vallance received an email from DHL Canada stating that she owed $33.16 in "Canada Customs duties & taxes (Import charges)" before her package could be released. After paying, she discovered that $17.85 of this amount was a processing fee charged by DHL Canada, not duties or taxes owed to the government. Vallance alleged that DHL Canada’s practice of embedding these fees in the total charge was deceptive and prevented consumers from exploring cheaper alternatives.

Legal Arguments/Issues:
Vallance sought certification of a national class action under the Business Practices and Consumer Protection Act (BPCPA) and similar provincial legislation, arguing that DHL Canada engaged in deceptive practices by embedding processing fees in charges labeled as import duties or taxes. She also pursued claims under the Competition Act, asserting false or misleading representations, and claimed unjust enrichment and the tort of deceit. DHL Canada contended that its fees were properly disclosed and that prior case law precluded Vallance’s claims. All certification elements under the Class Proceedings Act were contested, particularly whether Vallance had adequately pleaded detrimental reliance or an alternate causation theory.

Court's Decision:
The court focused on whether Vallance’s claims disclosed a valid cause of action under the BPCPA, Competition Act, and unjust enrichment. The court found that her pleadings, while facing significant legal hurdles, met the necessary standards to proceed.