Background:
Arthur Lin filed a proposed class action against HomeAway.com, Inc., alleging that the company unlawfully charged service fees for booking accommodations without the necessary licenses, violating the Business Practices and Consumer Protection Act (BPCPA) and similar provincial laws.

Legal Issues:

• Consumer Protection – Lin argued that HomeAway.com operated as an unlicensed real estate or travel agency, making its service fees unlawful.

• Arbitration Clause Enforcement – HomeAway sought to stay the lawsuit, citing arbitration clauses in its terms of service that required disputes to be resolved through arbitration rather than court.

• Class Action Certification – Lin pursued certification under the Class Proceedings Act, seeking restitution of service fees and disgorgement of interest earned on them.

Court’s Decision:
The Supreme Court of British Columbia granted a partial stay of proceedings, ruling that all claims except those under section 172 of the BPCPA must proceed to arbitration. The court upheld the arbitration clause but allowed consumer protection claims related to unfair practices to continue in court.

Costs and Award:
The ruling did not specify a monetary award or costs in favor of either party at this stage. The case management conference was scheduled to address certification and any further issues.