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Provincial safeguards for national class actions

Friday, January 05, 2018 @ 8:30 AM | By Margaret Waddell

For decades, there has been a tension between provinces regarding the scope of proposed national class actions. For example: Is a national class permitted under the existing provincial legislation? If so, is a national class constitutional? What credence should be given to competing putative or certified class proceedings that are ongoing in other jurisdictions?  

While most of these many issues have now been comfortably resolved, the last question remains pertinent. Absent a federal regime governing national class proceedings, there seems little likelihood that this issue...