In 2010, the CBA established a National Task Force on Class Actions to address the procedural challenges posed by multi-jurisdictional class actions, particularly those arising when counsel from two or more provinces commence overlapping and competing class actions involving the same subject matter.
Resolution 11-03-A (including Annexes 1, 2 and 3) adopts protocols on notice, settlements, and Canada-U.S. cross-border communications.
The Task Force has regrouped and continues its work. Later this summer it will be consulting the profession on a proposed case management protocol, including updates to the current notice protocol. If your practice includes class actions, please keep an eye out for the opportunity to express your views on this important topic.