Knight v. Imperial Tobacco Canada Limited, 2009 BCCA 541
Ken McEwan, K.C. Successful in an Appeal of a British Columbia Supreme Court Order Striking the Appellant’s Third Party Notice Issued Against Her Majesty the Queen in Right of Canada
The underlying litigation was a class proceeding brought by purchasers of tobacco products alleging violations of consumer protection legislation. The appellants brought a third party notice against Canada, but it was struck by the Supreme Court on the basis that it was plain and obvious the claims against Canada could not succeed. The majority of a five-member panel of the Court of Appeal accepted Ken’s arguments that the Supreme Court had erred in striking the third party notice. Read case here.