Ken McEwan, K.C. acted as counsel for for Capital One Bank (Canada Branch) in an application to certify a class action against the credit card industry in Canada.
While the action was certified, the claim was narrowed by the certification judge who accepted arguments Ken advanced on behalf of the defendants concerning the viability of certain causes of action asserted by the plaintiff. The case subsequently settled as against Capital One. See Watson v. Bank of America Corporation, 2014 BCSC 532