The Protocol Consultation is now closed
As part its mandate, the Task Force developed a draft Judicial Protocol that allows courts in different provinces to work together to coordinate these competing class actions as they move toward a hearing or settlement. It is seeking the comments of interested parties, including members of the class action bar, on its provisions.
The draft Judicial Protocol relies on existing provisions in the various provincial class proceeding statutes to establish a system whereby multiple and potentially overlapping class actions can move through two or more courts in an orderly manner. It would allow those courts to work together to make orders regarding case management and would allow those courts, if they all agree, to name a single judge to coordinate the scheduling of procedures in the various courts, or the administration of a settlement.
The purpose of the consultation is to ensure that the Judicial Protocol will meet the needs of counsel, the judiciary, and parties affected by class action litigation, and will be effective in solving the problems that may arise in multijurisdictional class actions.
The consultation period will be open until July 8, 2011. The Task Force will consider the comments received prior to preparing a finalized version of the Protocol and sending it to the CBA for its endorsement. If your practice includes class actions, please take the opportunity to offer your views on this proposed change to class action process.
Please send your comments on the Judicial Protocol to protocol@cba.org.
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