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The CBA National Task Force on Class Actions was launched with the aim of solving the difficult problem of overlapping multijurisdictional class actions. Overlapping, multijurisdictional class actions (class actions commenced in more than one jurisdiction ostensibly covering extra-jurisdictional claimants) impede access to justice. They create confusion for members of the public who may be presumptively included in more than one class action and subject to conflicting court judgments. They also create uncertainty as to the size and composition of class membership in a class action, thereby increasing litigation costs, jeopardizing the viability of existing class actions, and magnifying the risk to law firms litigating such cases. They dissipate court resources as different courts in different jurisdictions might hear and issue decisions on the same set of facts involving the same claimants. The public, the judiciary, and the litigation bar alike are frustrated by the existing system.

What's New  The Class Action Judicial Protocols Resolution was passed at the CBA Council meeting on August 14, 2011: 11-03-A Class Action Judicial Protocols   11-03-A - Annex 1 Canadian Judicial Protocol for the Management of Multi-Jurisdictional Class Actions 11-03-A - Annex 2 Protocol on Court-to-Court Communications in Canada – U.S. Cross-Border Class Actions 11-03-A - Annex 3 Notice Protocol: Coordinating Notice(s) to the Class(es) in Multijurisdictional Class Proceedings

Terms of Reference

The Terms of Reference describe the background, mandate and structure of the Task Force.

For more information on the CBA National Task Force on Class Actions, contact:

Kerri Froc
Lawyer - Legislation and Law Reform
Canadian Bar Association
865 Carling Avenue, Suite 500
Ottawa, ON K1S 5S8
Tel. : 1-800-267-8860 / (613) 237-2925, ext. 144
E-mail : kerrif@cba.org