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Revolution Resource Recovery Waste Management

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Summary

This class action alleges that throughout the Class Period, Revolution Resource Recovery Inc. has breached its contracts with class members by charging class members an 18% Government Surcharge/Material Ban. The class action alleges the Government Surcharge/Material Ban was charged arbitrarily, and that it exceeds and/or bears no relation to the fines charged to or incurred by Revolution in the course of providing services to the Class Members. These are the “Breach of Contract Claims”.

This class action also alleges that certain terms in Revolution’s customer service agreements are void or unenforceable because they restrict the ability of the class members to cancel their contracts with Revolution or to use other waste management service providers. These are the “Unlawful Contract Claims”.

Status

The certification hearing was held Oct 7-9, 2019.  The British Columbia Supreme Court (“BCSC”):

  • denied certification of the Breach of Contract Claims;
  • allowed leave to reapply for certification of the Unlawful Contract Claims.

Class counsel appealed the BCSC Order. Revolution cross-appealed the BCSC Order.

The appeal and cross-appeal were heard in the British Columbia Court of Appeal (“BCCA”) on October 21, 2020. The BCCA:

  • granted leave to reapply for certification of the Breach of Contract Claims
  • granted leave to amend the notice of civil claim; and
  • confirmed the plaintiff had leave to reapply for certification of the Unlawful Contract Claims.

The hearing to address the remaining certification issues is scheduled for Sept 23-24, 2021.

Important Documents

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Camp Fiorante Matthews Mogerman