Plaintiff
Defendant
Overview:
Andres Barrios Medellin, the plaintiff, sought to certify a class action against Liza Lucion, Canadian Global Immigration Consultant Services, and Canadian Global Immigration Consulting Inc. He alleged that the defendants charged fees for assistance with a non-existent Canadian immigration program.
Legal Issues:
Breach of Duty of Honest Performance: The plaintiff claimed the defendants misled class members about an immigration program that did not exist. The court found the pleadings insufficient due to lack of allegations about reliance and post-contract misrepresentations.
Breach of Fiduciary Duty: The court accepted that an immigration consultant-client relationship could give rise to a fiduciary duty but found no commonality among class members' experiences.
Unjust Enrichment: The claim was viable but needed to be pled in the alternative to contract-based claims.
Punitive Damages: The court ruled that individual inquiries were required to determine if damages were warranted.
Joint and Several Liability: The court rejected piercing the corporate veil without specific findings of fraud.
Outcome:
The court denied certification of the class proceeding, citing excessive individual inquiries. The plaintiff was granted leave to amend certain claims for a conventional civil trial. The total amount of costs or awards in favor of the successful party was not specified.
Court
Supreme Court of British ColumbiaCase Number
S2111074Practice Area
Class actionsAmount
Winner
DefendantTrial Start Date
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