Kotai v. Queen of the North (Ship)

In Carriage of Passengers by Sea on (Updated )

This was an application to certify a class action on behalf of passengers (and their dependants) of the Queen of the North which sank after running into Gill Island on 21 March 2006. The Court reviewed the requirement for certifying a class action under the Class Proceedings Act of British Columbia. These are: 1. there is a cause of action; 2. there is an identifiable class; 3. there are common issues; 4. a class proceeding is the preferred procedure for the fair and efficient resolution of the common issues; and 5. there is a representative plaintiff who can fairly and adequately represent the class interest, has a workable litigation plan and is not in conflict of interest with other class members. The Court found that all of the requirements had been met except those requirements relating to a representative plaintiff. Thus the application was adjourned so an appropriate representative plaintiff could be found. (Note: This issue was later overcome and the class action was subsequently certified.)