Business in Motion Class Action

November 20, 2011:

Watch this video for an explanation of the class action lawsuit, then read below for more details.

You can also sign up for updates on our Facebook group, BIM Pyramid Class Action.

November 10, 2011:

Notice of Certification

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. You can read copy of the Statement of Claim and Order certifying the action.

HOW WILL THE LAWSUIT PROCEED?

A trial will be held to determine the common issues in the action.  If these issues are determined 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. NOTE: The opt out period is now closed. You cannot opt out at this time.

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 this site. Alternatively, you can contact Ulla Herlev of Branch MacMaster LLP:

Ulla Herlev, Paralegal
Email: uherlev@branmac.com
Tel:(604) 654-2964
Fax:(604) 684-3429

This notice has been authorized by the Federal Court of Canada.

COURT DOCUMENTS

Statement of Claim - May 4, 2010 (PDF)

Order Certifying the Action - November 10, 2011 (PDF)

November 8, 2011:

On November 9, 2011, a hearing will be held in Federal Court to decide if the action can be certified as a class action. Check back after November 9, 2011, for more details.

May 5, 2010:

On May 4, 2010, Branch MacMaster filed a proposed class action in the Federal Court of Canada against Business in Motion Corporation, Alan Kippax and Ashif Mohamed. The lawsuit is brought pursuant to the Competition Act, which prohibits pyramid schemes and restricts what can be said to prospective participants of a multi-level marketing plan.

The Plainitff alleges that the defendants established, promoted and operated an illegal pyramid scheme through the operation of “BIM Corporation”, and further, that they made certain prohibited representations about compensation, or allowed those representations to be made to prospective participants of “BIM Corporation”.  The Plaintiff alleges that he suffered damages as a result of these actions.

The lawsuit is brought on behalf of a proposed Class of all persons in Canada who purchased a "Perpetual Motion Product" from  BIM Corporation.

If you suffered any damages as a result of your participation in “BIM Corporation”, or would like to be included in our database of potential claimants, please  complete the  Questionnaire below. Alternatively, you can download a printable version here, and either mail, email, or fax it to our paralegal Ulla Herlev, at the following address:

If you have any other questions, or you are unable to access or obtain the Questionnaire from this page, please contact Ms. Herlev at (604) 654-2964. Please note that submitting your name to our database of claimants or completing a Questionnaire at this stage of the proceedings does not create a solicitor-client relationship with Branch MacMaster. However, this allows us to know that you are interested in participating in this proposed class action, and to provide further information to you if the action is allowed to proceed as a class action.