The Supreme Court of British Columbia has declined to add seven credit unions as defendants in a proposed class action suit against Vancouver City Savings Credit Union.
Kurt MacKinnon is suing VanCity on behalf of all members of VanCity who have been advanced an overdraft loan from the firm after February 5, 1997.
The thrust of MacKinnon’s claim is that the charges made to VanCity members in relation to such overdraft loans are unlawful because they exceed the $5 overdraft charge, which is excluded from the definition of criminal interest under the Criminal Code,.
MacKinnon also sought to add seven other credit unions to the action: Coast Capital Savings Credit Union, North Shore Credit Union, Community Savings Credit Union, Chemainus Credit Union, Comox Valley Credit Union, Kootenay Savings Credit Union and Vernon & District Credit Union.
However, the court concluded that the claims sought to be raised against the seven institutions are not connected with, or related to, the claim advanced by the VanCity plaintiffs. It dismissed MacKinnon’s application and awarded costs to the proposed defendants.