A Prince George businessman is suing a class action lawsuit against Yellow Pages Ltd., claiming the company has not distributed copies of its directory in the city.
In a notice of claim filed at the Prince George courthouse, David Payne alleges that contrary to a “fundamental express condition of the contract”, the company did not distribute a printed directory in 2017 and 2018, whereas at this time date, no 2019 directory has been distributed.
The Yellow Pages had started soliciting local businesses in late 2016, and around that time they started receiving monthly payments from Payne.
“Until the distribution of the annual printed directory takes place, advertising purchased from the Yellow Pages by local businesses and businessmen will not take place or will be significantly reduced, thus frustrating the objective of the contractual relationship between Yellow Pages and its business customers, âsaid lawyer Jon. Duncan said in the claim filed on March 22.
According to the claim, Payne knows at least two other people in Prince George who have purchased advertising from the company.
A judge must certify the claim in order to make it a class action. Certification does not determine the substance of the matter. Rather, it is a procedural step used to determine whether the case is suitable for proceeding in a class action lawsuit.
âThe process is to appoint a judge to handle the cases and then apply for certification,â Duncan said Tuesday. âIf certification takes place, people in the group will receive notice of the action and their rights to choose or not. “
The Yellow Pages did not respond to a request for comment on Tuesday and the claim has not been tested in court.