Cleaver v. The Cadillac Fairview Corporation Limited

canada, canadian, case law, court opinion, canlii, bcca, 2026bcca353, 2026 bcca 353 (canlii), 2026, bcca, 353, (canlii), ca50727, 2026, procedure, class proceedings, certification appeal, class proceedings act, s. 4(1), whether failure to appeal preferable procedure finding is fatal, conjunctive certification requirements and effect of unchallenged s. 4(1)(d) determination, preferable procedure not appealed and remittal sought, appeal dismissed, evidence, hearsay, public documents, office of the privacy commissioner report, whether report findings admissible for the truth of contents, public documents exception to hearsay rule and use of report to show evidence that could be adduced at trial, report admissible but not for truth, appeal dismissed, evidence, expert evidence, weight and admissibility, whether certification judge impermissibly weighed competing expert opinions, white burgess langille inman v. abbott and haliburton co., 2015 scc 23 applied, speculative portions of expert report disregarded and scope of qualifications limited, no basis in fact for central allegation, appeal dismissed, civil liability, privacy, québec claims, whether “compensable damage” must be pleaded to certify claims under the civil code of québec, québec charter of human rights and freedoms punitive damages pleading requirements, alleged misstatement of intent or knowledge standard for consequences, certification refusal upheld, appeal dismissed