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Class litigation growing in B.C. courts C lass litigation is growing in B.C. su- perior courts. A search of records in the B.C. Court of Appeal and B.C. Supreme Court by years show that in 2004, there were 33 cases, 38 in 2005, 45 in 2006, 49 in 2007, and 48 in 2008. "It is difficult to know if these reported deci- sions show an increase in filing or it just means there is more litiga- tion," says David Klein of Klein Lyons, which has been involved in class actions since B.C. allowed such litigation in 1995. Klein, whose work includes land- mark cases and awards to victims of over $200 million, believes there is a "slight increase" in cases not just in B.C. but nationally. It is prompted by greater public David Klein has done class actions since 1995. awareness of class actions and all provincial jurisdictions now, except Prince Edward Island, allowing class action suits, he says. This has also lead to more evolution in case law and more litigation on those cases. "We are still encountering new situations — in the past three weeks I've been in appeal court three times (as a respondent)," he said. Judges find themselves pondering new questions relative to certification, class members, and even how legal rulings from other legal areas impact class action litigation. B.C.'s 13 years of case law has also generated "out- lyer" cases, which go against the general rulings and these now have to be reconciled and placed into context, says Klein. In addition, differing provincial rulings on similar issues will need reconciliation in higher courts. Klein says class actions today are serving both as a social justice and an access-to-justice remedy for many. Others agree. Benefits exist both for the plaintiffs and the legal system. An example is the sinking of the Queen of the North, where a class action suit has been launched on behalf of passengers when the vessel struck Gil Island in March 2006. Two passengers died and 99 passengers and crew were rescued. James Hanson, of Hanson Wirsig Matheos, represents 50 of the 90 pas- sengers in the class action, claiming for lost property not covered by insurance and the post-trau- matic impact upon their personal lives. Hanson says many of the individuals live in remote areas or coastal villages and "just the logis- tics would be a bar- rier" to seeking indi- vidual redress not to mention the impact of 50 individuals on the courts in areas such as Nanaimo, Vancouver, and Victoria. There would also be the financial burden of claiming against BC Ferries. "In our case, when we have 50 claimants, it becomes finan- cially viable," he says. The class action is contrasted by that of two daughters whose father is presumed to have gone down with the ship. Vancouver defence lawyer Peter Ritchie, representing Britni and Morgan Foisy (not in a class action), issued a statement to the press in February, days before the trial was set to start, saying the family had to settle as they could not afford the cost of going to court in B.C. "For starters, the girls had to come up with approximately $40,000 in jury and hearing fees to the government to be able to walk into the courtrooms. Nowhere else in Canada is [it] like this," he said, adding that other jurisdictions offer lower-cost access. While redress against large corpora- tions, drug companies, Crown corpo- rations, and governments have been common in filings, a study completed by NERA Economic Consulting found there was a 125-per-cent rise in secu- rity class action filings. Civil liability recourse in four provinces — start- ing in Ontario in 2005 and followed by B.C., Alberta, and Quebec — now allow shareholders to sue a company for not disclosing information that affects share prices. Klein says the continued evolution of class action law makes it an oppor- tune area for new lawyers to specialize in as it provides the opportunity to contribute to precedent-setting cases that also impact social change. "Many of our cases have been cited in other cases today," he says. — JEAN SORENSEN jean_sorensen@telus.net Make it a JD, please niversity of British Columbia Faculty of Law alumni who graduated with an LLB can apply to have a reissued diploma with the new JD designation for a fee of $100. After consultation between UBC faculty, students, and alumni, a decision was made to bring forward the new designation beginning with the 2008-2009 academic year. Students in the second and third year have the option to receive either a LLB degree or JD designation. Diplomas reissued to alumni will have the original LLB issue date plus the conversion date added to the JD. The change does not indicate any change in degree status. More information is available on the UBC law school's web site (www.law. ubc.ca). For those wishing to change their degree designation, a downloadable form is on the web site. — JS www. mag.com APRIL 2009 11