VANCOUVER, Nov. 23, 2011 /CNW/ - Branch MacMaster LLP and Hordo Bennett
Mounteer LLP report that the Federal Court of Canada has certified the
BIM Class Action against Business in Motion International Corporation
("BIM") and Alan Kippax. By order dated November 10, 2011, Mr. Justice
Rennie of the Federal Court officially certified the action on behalf
of the national class, as represented by the Plaintiff, Mr. Mark
The lawsuit was initiated in May, 2010 against BIM and its principal,
Alan Kippax. BIM operated a plan called the "Time Leverage System",
recruiting representatives to sell "Perpetual Motion Products". The
lawsuit alleges that the Defendants have been engaged in the operation
of an unlawful multi-level marketing scheme and/or pyramid scheme
contrary to the Competition Act. The class members seek damages for the money they paid to the
Persons who have purchased the product and who wish to participate in
the action do not need to do anything at this time. Persons who do not
want to participate in the action must opt out by January 18, 2012 by
completing the online form on the website.
Bim CLASS ACTION
DID YOU PURCHASE A PERPETUAL MOTION PRODUCT FROM OR THROUGH BUSINESS IN
MOTION INTERNATIONAL CORPORATION? IF SO, PLEASE READ THIS CAREFULLY AS
IT MAY AFFECT YOUR RIGHTS.
WHAT IS THIS CASE ABOUT?
A class action lawsuit has been certified in the Federal Court of Canada
claiming that Business in Motion International Corporation and Alex
Kippax ("BIM") ran an illegal pyramid scheme and an illegal multi-level
marketing scheme. A copy of the Statement of Claim and Order certifying
the action as a class proceeding can be found at www.BIMclassaction.com.
HOW WILL THE LAWSUIT PROCEED?
A trial will be held to determine the common issues in the action. If
these issues are determine in favor of the class members, there might
still need to be individual hearings to determine the entitlement of
each class member to a refund.
WHAT DO I HAVE TO DO TO PARTICIPATE?
There is nothing you have to do right now. Unless you opt out, you will be bound by the result of
the common issues trial. However, in order to make sure you are
notified of any important developments in the action, we recommend you
register on our website at www.BIMclassaction.com.
WHAT IF I DO NOT WANT TO PARTICIPATE IN THIS LAWSUIT?
If you do not want to be part of the class action, you must complete the online form
at www.BIMclassaction.com. If you do not have access to the internet, please contact Ulla Herlev
at Branch MacMaster LLP. You must complete the online form by no later
than January 18, 2012.
DO I NEED TO PAY ANYTHING?
You will only need to pay legal fees if the action is successful in
obtaining you a refund of some of the monies you paid. Those legal fees will be paid directly from the refund you receive.
You will not need to pay any legal fees out of your own pocket.
Any fee paid to the lawyers must be approved by the Court as being fair
and reasonable. The fee agreement entered into by the representative
plaintiff provides for the lawyers to be paid up to 1/3 of any amounts
recovered or any benefit obtained from the class action. If and when
this occurs, the lawyers will apply to Court for approval of that
percentage or some lesser amount.
If the class action is unsuccessful at the common issues trial, you will
not pay any legal fees.
WHO ARE THE LAWYERS FOR THE CLASS?
The lawyers for the class are:
BRANCH MACMASTER LLP
Barristers and Solicitors
1410 - 777 Hornby Street
Vancouver, BC V6Z 1S4
HORDO BENNETT MOUNTEER LLP
Barristers and Solicitors
1400 - 128 West Pender St.
Vancouver, BC V6B 1R8
Mark Cuzzetto (the representative plaintiff) has been appointed by the
Court to instruct the lawyers for the common issues stage. The lawyers
must act in the interest of all class members.
HOW DO I FIND OUT ABOUT DEVELOPMENTS?
For updates or questions please check our website at
www.BIMclassaction.com. Alternatively, you can contact Ulla Herlev of
Branch MacMaster LLP:
Ulla Herlev, Paralegal
Tel: (604) 654-2964
Fax: (604) 684-3429
This notice has been authorized by the Federal Court of Canada.
SOURCE Branch MacMaster
For further information:
Questions about the certification of the BIM Class Action can be answered by visiting www.bimclassaction.com or by contacting Ulla Herlev of Branch MacMaster LLP at firstname.lastname@example.org or by calling (604) 654-2964. Copies of the official court documents can be found on the website