It seems to me that the plaintiff was entitled, in this case, to bring a claim for per se damages on behalf of the class without also including a claim for actual loss or damage. Claimants may restrict the grounds on which they advance their case in order to make it more amenable to a class proceeding: see Rumley v. British Columbia, 1999 BCCA 689 at para. 19, aff’d 2001 SCC 69 at para. 30.
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